"guise, I am now so much in love with a re"tired life, that I am never like to be fond of making a bustle in the world again. I have much more to say, but the post cannot stay; and I refer the rest till meeting; being en'tirely, Yours.' The following Documents relating to the intercourse between the king and Monmouth, as to the latter's share in the plots of 1683, I have been permitted to have transcribed from the State Paper Office (August, 1811.) No. 1.* No. II. Indorsed. Mr. Secry's own hand-writing touch'g the D. of M.'† "His Ma'tie was pleas'd this day to acquaint the Lords of the Councell that haveing formerly [some days since] imparted to them the satisfaction he had received by the D. of Monm'ths confession and entire submission to H. M. and that thereupon he had granted him his Pardon, and the s'd Duke having since given his Ma'tie so great Cause of Displeasure that he had forbidden him his presence, and co'manded him to depart the Court H. M. now thought fitt to lett th'r lo'pps know the occasion of it. "That soon after that ye D. of Moni'th had made a confession of the late conspiracie to seize the guards and rayse an insurrection in the kingdome (denying all knowledge of the other Desseing of assassinating H. M.) and had by that confession confirm'd the evidence given ag't the Principall Conspirators, Declaring also [discovering also] diverse Circumstances, of the sayd Conspiracy w'ch H. M. did not know of before, H. M. found that Reports were spread abroad by Persons conversant with the D. of Monm'th that he deny'd the having any Knowledge of the sayd Conspiracie. "That this was matter of great surprize to H. M. who expected that ye D. of Monm. by a clear behaviour upon all occasions, and an * Of the passages which are printed with dots under them, some are underlined and others erossed through in the original; those which are here in brackets, are written in the margins of the originals. This seems to have been a first draught corrected, perhaps it was afterwards rejected and the following substituted. utter forsaking of that [Dangerous Restlesse] factious Party should have satisfied the world of his true Repentance; And these Reports being greatly to the Disadvantage of the sayd Duke H. M. judg'd it necessary for the satisfaction of all good men, and for ye D. of Monm'ths vindication that he sh'd write a Letter to H. M. in Contradiction of thes'd ['such] Reports. "That the D. of Monm'th did thereupon write [was thereupon permitted to write] a Letter to H. M. but such a one as H. M. c'd not approve of: H M. therefore order'd another draught of a letter to be made drawen ap in Termes so agreable to Trueth, and so fitted to the D. of Monm'th's circumstances that there could no objection to it. [In so much that] This Draught which being given [Shew'd] by H. M. to the sayd Duke, he took it, he writt it over with his own hand, He subscrib'd it, and sent it to His Ma'tie. "That notwithstanding he had thus receiv'd, writ out and sent this Letter (as his own act) to H. M. yet he came afterw'ds [not many hours after] and press'd H. M. very earnestly to have the Letter back again. "That His M. seeing this, and wondring very much at it advised him seriously to consider very well of what he was then desiring and going about [wisht him to take time] to doe: and gave him time for his last Resolution till the next morning. "That the D of Monm'th comeing after. wards again uext morning to H. M. and persisting in y'e same Thoughts and desires H. M. gave him the letter he had written to him back again [and he delivered to H. M.] and the originall draught whereby he had writt it ont being demanded of him he gave it back again to His Ma'uie. "That his Ma'tie being highly dissatisfied with this manner of Proceeding he sent Mr. V. Chamberlain to co'mand forthwith ye sayd Duke to depart the court, and not to come to his Presence. "That H. M. having co'manded [giveing] the originall Draught abovesayd to be openly read in Councell was pleas'd to Order that the same together with this Relation sh'd be enter'd and remain in ye Councell Books.” "His Ma'ty was this day pleased to acquaint ye Lords of ye Councill, that since he had received ye Duke of Monmouth into his mercy having had several Reports, that the said Duke's Servants and others from him en. deavoured to make it beleived that he had not made a Confession to his Ma'ty of ye late Conspiracy, nor owned ye share he himself had in it, His Ma'ty had thought fit for ye vindication of ye truth of what ye said Duke had declared to himself, his Royal Highnes being present, to require from him in writing, by way of L're und'r his owne hand to acknowledge ye same, which ye said Duke having refused to do in ye termes that it was co'manded him, His Ma'ty was so much of fended therewith, that he had forbidden him His Presence, and co'manded him to depart ye Court, and for ye further Information of ye Councill directed ye letter that ye said Duke had been required to signe to be entred as follows, and was pleased to declare that he did not intend ye same should be a secret: James displayed his cruel and vindictive to celebrate his triumph over Monmouth and character by causing two medals to be struck Argyle. On the one medal were represented the heads of his victims placed on altars, their bleeding bodies beneath, with an inscription, Sic aras et sceptra tuemur.' On the other, their heads upon spikes with an inscription Ambitio malesuada ruit.' See 4 Laing's History of Scotland, 166, Edition of 1804. Mr. Serjeant Heywood (Vindication of Mr. Fox's Historical Work, 417, note.) notices Dalrymple's story (Mem. Part 1, Book 1, p. 68, 4to Edition) of the family report that king James invited himself to breakfast with the duchess of Monmouth on the day on which her husband was to be executed, and that, being admitted in the expectation that his visit was to introduce a pardon for the duke, he behaved with fondness to her children, and delivered to her a grant of her great family estate which had fallen to the crown by her husband's attainder.* And the learned author adds, that, "in an abstract of Royal Grants in his possession, it is stated that in the month of January, 1684-5, 36 and 37 Car. 2. a grant was made to the trustees of the manors of Spalding and Holbech for 99 years, from the death of his majesty's royal consort at the rent of 51. per annum, and also of an acre of land near the Mews, and stables built thereon, for 29 years from the 15th of August, 1689, at the like rent, for the life of the dutchess of Monmouth, for her separate use, with remainders over to her children. And there is the abstract of another grant in the same month to the same trustees, of all the chattels real, goods and chattels, forfeited by the duke of Monmouth,' (except the leases before mentioned) in trust that the trustees shall convey the lease of the house, which the said duke had building for him in Soho Square, to Anthony Ward and Andrew Care, upon their payment of 1,2007. to the dutchess of Monmouth. And 'as to the rest of the chattels and goods shall suffer the dutchess to enjoy them so long as she lives, with further appointments thereof to her children.' But in January, 1685-6, a grant is mentioned to have been made to Ann dutchess of Buccleugh and her heirs, of the great house or lodge, and park called Moor Of this Letter there is upon a separate Park, and messuages and lands lying in Rickpaper in the Office a draught supposed to be mansworth, in the county of Herts, or near in the hand writing of the king. It agrees thereunto adjoining, forfeited to his majesty with the recital here, except that this word by the attainder of Jaines late duke of Moningenuously is there spelt ingeniously. Ex-mouth. Whether Moor Park ever had been cepting these two the search now made in the part of the family estate of the dutchess is not Paper Office has not produced any article pur- stated. The date of the two first of these enporting to be designed for the signature of tries must be incorrect, for the grants are supMonmouth; though sir John Dalrymple posed to have been made in the reign of (Memoirs part 1, Book 1, p. 40, 4to Edition) Charles 2d, and six months before Monmouth's says in a note, In the Paper Office there are attainder, possibly they ought to have been two copies of the Paper which it was intended dated as of the January in the subsequent year, Monmouth should sign, the one is in sir Leo-when the grant of Moor Park was made." line Jenkins's band, and bears very hard upon Monmouth, the other is in the king's hand and * I have reason to think that this story is utterly false. I have heard of some reports of me as if I should have lessened ye late Plot, and gone about to discredit ve evidence given against those who have died by Justice, Your Ma'ty and ye Duke know how ingenuously* I have owned ye late Conspiracy, and tho I was not conscious of any designe against your Ma'ty's life, yet I lament ye having had so great a share in ye other part of ye said conspiracy. Sir, I have taken ye liberty, to put this in writing for my owne vindication, and I beseech you to looke forward and endeavour to forget ye ffaults you have forgiven me, "I will take care never to co'mit any more against you, or come within ye danger of being again mislead from my duty, but make it ye busines of my life to deserve ye pardon 'your Ma'ty hath granted to your dutifull 'M.' is much more delicate.' The following "Account of the Manner of taking the late Duke of Monmouth," &c. was published by command of the king: Immediately after the defeat of the rebels at Bridgwater, on Monday the 6th of July instant, the late duke of Monmouth, late lord Grey, and the Brandenburg fled; and, coming between Gillingham and Shaftesbury, got a guide to lead them the way to the New Forest, most free from towns and watches. He led them by White-Sheet, four miles east of Shaftsbury, and thence by Cranborne-Chase; where their horses being tired, they let them loose, and hid their bridles and saddles. Upon the eighth day, by five of the clock in the morning, the said Brandenburg was found; who, upon examination confessed that he parted with the said late duke within the same outbounds about one of the clock that morning. Whereupon, every individual person being encouraged thereby, and by the hopes of having a share in the five thousand pounds (as was before agreed on in the field) did renew the pursuit of him with the strictest search and diligence imaginable; and about seven of the clock of the same morning, one Henry Parkin, servant to Samuel Rolles, esq. happened to discover the said late duke hid in a ditch, covered with fern and brakes, and calling to two of the Sussex troopers that were by him, all three seized him together. Sir William Portman, happening to be near that place, rid presertly in, and quieted those that cried, "Shoot him! shoot him!" He laid hands on him as his prisoner, and so preserved him from all violence and rudeness; and immediately in the same instant, the lord Lumley came in and agreed that sir William Portman should search him: which was done, and as soon as they had found his George, they dispatched that, with the news, to his majesty, by captain Bickely and Mr. Chaldecote, Sussex and Dorset gentlemen. In the mean time the news of the said defeat coming to the lord Lumley, (then posted at Ringwood in Hampshire, with three troops of horse of colonel Stapley's regiment, commanded by major Bridger, captain Monk, and captain Peckham, and four companies of foot of col. Alford's regiment, commanded by lieut.col. Cooper, captain Bickley, captain Best, and captain Carre; all of the Sussex militia,) his lordship was pleased to send his scouts every way to take up suspected persons and sir William Portman for the same end, had taken care for strong watches to be set, made up of his yellow-coats and others, on the roads from The prisoners, after this, were kept two nights Poole to the most northern parts of Dorset. at Ringwood. On Friday the lord Lumley Upon the 7th instant, about five in the morn-discharged the foot there, and with the said ing, some of the lord Lumley's said scouts (riding in the road, near Holt Lodge in Dorset, four miles west of Ringwood) just at the turn of a cros-way, surprized and seized two suspected persons; which, when the lord Lumley came up, proved to be the late lord Grey and the said guide. This put the lord Lumley upon a strict examining of the cottages with which that healthy country abounds, and calling in the neighbourhood, that were acquainted with the country, &c. Notice of this being brought to sir William Portman by some of his watches, &c. he hastened to the place, with as many horse and foot, as he could of a sudden get together. It happened upon the lord Lumley's enquiry among the cottages, that a poor woman, one Amy Farrant, directed his lordship to a hedge, where she had seen two men go over, which hedge proved to be part of the out-bounds of very many inclosed grounds, some overgrown by fern and brakes, and others sown with rye, pease, or oats, &c. Whereupon a strict guard was put very near one another, round those outbounds, whilst other foot and horse did beat within. These guards kept their several posts so well, that though the late duke and the Brandenburg attempted at least thirty times to make their escape out, yet they always found each guard ready; and, upon their last attempt to escape, two of the troopers firing on them, made them immediately to retire, and hide themselves a-part from each other, in some of the adjacent ditches where they were afterwards found. three troops of the Sussex horse, and one troop of the Dorset militia, commanded by captain Fownes, they were conveyed to Winchester, where joined them two troops of his majesty's in pay, and two of the Northampton militia troops, all which conducted them to Farnhamcastle upon Saturday the 11th, and the next day to Guilford, and upon Monday the 13th to Vauxhall, where a regiment of the lord Dartmouth's received them, with other troops of his majesty's in pay; and thence by barge they were carried to Whitehal!. The papers and books that were found on him, are since delivered to his majesty. One of the books was a manuscript of spells, charms and conjurations, songs, receipts, and prayers, all written with the said late duke's own hand. Two others were manuscripts of fortification and the military art. And a fourth book, fairly written, wherein are computes of the yearly expence of his majesty's navy and land-forces. And, as for his gold, only twenty guineas were given to the said Parkin, and ten guineas a-piece to the two troopers that first seized him; and the rest was returned to the said late duke. As the prisoners passed through Rumsey, Winchester, Farnham, and Guilford, one would admire to see the very great numbers of the militia, with the deputy lieutenants and gentlemen of those parts, that were ready to guard them, and take off the fatigue of such as were on the march. Within doors, none but commission officers were trusted to watch by them: and besides those, the lord Lumley, and sir William Portman took their turns to watch in person, night and day, from the time of the taking of the said late duke, until they had delivered him safe at Whitehall, from whence he was conveyed to the Tower. Collins says, that the attainder of Moumouth did not take place in North Britain: he, however, states that the posterity of Monmouth did not inherit the dukedom of Buccleugh, &c. | until the death of the duchess (to whom, as we have seen, p. 1063, those honours had been granted as well as to her husband) in 1739. As to the grant of a barony to a man and his wife as joint-tenants in special tail, and the operation in such case of an attainder of the husband, living the wife, see Mr. Hargrave's learned Opinion and Argument respecting the Stafford-Barony-Claim as referred to in this Collection, vol. 7, pp. 1571, et seq. Query, What was the extent of Monmouth's interest in his wife's landed property? 348. Proceedings against GILBERT BURNET, D. D. afterwards Bi shop of Salisbury, for High Treason: 3 JAMES II. A. D. 1687. [Wodrow's History of the Sufferings of the Church of Scotland. Lord Fountainhall's Decisions of the Lords of Council and Session.*] it is humbly meant and complained to us, by CRIMINAL LETTERS AGAINST DR. GIL- our right trusty and familiar counseller, sir BERT BURNET. JAMES, &c. To our lovits, &c. heralds, pursevants, macers, and messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting: Forasmuch as * Of this Case, Fountainhall writes: "April 14, 1687. At Privy Council, there is a letter read from the king against Dr. Gilbert Burnet, ordaining an indictment of treason to be raised against him, for conversing with Argyle, and other forfeited traitors in London, Holland, &c. Though this was the pretence, yet the true quarrel was not so much his printed letters of travels, as some papers he had sent over to both houses of parliaments, containing reasons why they should not take away the laws against the Papists, and a private letter he had wrote, bearing that he had heard of, or seen at Rome a writ signed by all the popish princes, and the king of England with the rest, (which certainly is false) to extirpate the Protestants: upon this order a dittay was raised, and he was cited to appear on 60 days. They cannot forfeit him in absence, 1. Because they can only proceed in absence against perduellion, and rising in arms. 2. None of the witnesses used against him, viz. sir John Cochran, and Waterside his son, West and Burn Englishmen, Mr. William Carstairs, and Mr. Richard Baxter ministers, are to be here then but they will denounce him fugitive, which will operate the same effect to cut off all Scotsmen from conversing with him personally, or communicating with him by letters; which gave great scandal and offence, as tending to harden him.” "June 11. Dr. Gilbert Burnet, is of new cited upon an additional indietment, for the John Dalrymple the younger, of Stair, our advocate, for our interest, upon doctor Gilbert Burnet. That where, notwithstanding by the laws and acts of parliament, and constant practick of this our kingdom, the venting of slanderous, letters he wrote to Middleton in May last, &c. shewing he had translated his allegiance, and threatening if they insisted, that he would publish an apology which might displease his majesty, and others; which was construed treason against his native originary prince: and the diet having been continued against him to the 29th of August, he was denounced fugitive for non-appearance." As to Burnet's Travels, see 1 Fountainhall, 472. According to Wodrow, vol. 2, p. 521, Burnet when in Scotland in 16×3, said to the duchess of Hamilton, He believed it would never be well with Scotland, until we returned to that Covenant and renewed it. As to forfeiture in absence, see p. 1030, of this Volume. Of these proceedings against Burnet, Wodrow writes as follows: "Dr. Burnet's vigorous appearances against popery exasperated the king and the jesuits about him, so far as to shew their spite against him by this mean process against him in absence, and when out of the nations by the king's own permission. And all the hurt they could do him, was to bring him in among the rest of the excellent and worthy patriots aud protestants, who felt, in as far as they could be reached, the fury of this period. "When, in common course, be behoved to be cited at the pier and shore of Leith, accounts treasonable, and advised speeches and posi- | Hague, May 3, 1687. doing favours to denounced rebels, or forfeited traitors, are punishable by forfeiture of life, land, and goods; and particularly by the 134 act of 8 parl. king Jam. 6, it is statute and with it, I would not avoid the coming to stand my trial. But as this cannot be expected in the estate in which I am, so I humbly throw myself at his Majesty's feet, and beg that he may not condemn me, not so much 'as in his thoughts, till I know what is the crime that is objected to me, so as I may ' offer a most humble justification of myself to him. I shall be infinitely sorry, if any judgment that shall pass upon me in Scotland, shall oblige me to appear in print for my own de cence so far as to suffer any thing of this nature to pass upon me, without printing an apology for myself; in which I will be forced to make a recital of that share I have had in affairs those twenty years by past, and in which I must mention a vast number of particulars that I am afraid must be displeasing to May it please your Lordship; The affairs of this province belonging to your lordship's share in the ministry, this leads me to make this humble address to your lordship, and by you to his majesty. I have received advertis-fence. For I cannot betray my own inno'ment from Scotland, that the king has writ to the privy council, ordering me to be proceed. ed against for high treason against his person and government, and that, pursuant to this, the King's advocate has cited me to appear there. If any thing in the world can surprise and disorder me, this must needs do it; for as few men have written more, and preach-his majesty; and as I will look upon this as 'ed oftener against all sorts of treasonable doctrines and practices than myself, so all the ⚫ discoveries that have been made of late years, have been so far from aspersing me, that though there has been disposition enough to find fault with me, yet there has not matter 'been given so much as for examination. It is thirteen years since I came out of Scotland; for these last five years, I have not so much as mentioned the commonest news in any letter that I have written to any in that kingdom. I do not mention acts of indemnity, because I know that I need not the benefit of them. I went out of England by his Majesty's approbation, and I have stayed out of it, because his Majesty expressed his dislike of my returning to it. I am now upon the point of marrying in this country, and I am naturalized by the ⚫ states of Holland; but though by this, during my stay here, my allegiance is transferred from his majesty to the sovereignty of those provinces, yet I will never depart from the ⚫profoundest respect to his sacred person and duty to his government. 'Since my coming to these parts, I have not seen any person, either of England or Scotland, that is outlawed for treason; and when 'the king took exceptions to my access to the princess and prince of Orange, there was not a thing of this kind objected to me: so I protest to your lordship, I do not so much as imagine upon what it is that these informa*tions, that it seems are brought to his majesty, ' are founded. one of the greatest misfortunes that can possibly befal me, so with all the duty and humility in the world, I beg that I may not be driven to it. I will not presume to add one word to your lordship, nor to claim any sort of favour or "protection from you, for I address only my self to you as the king's minister for those provinces. 'I am, my Lord, &c.' after, his indictment or criminal letters came to "This pathetical letter had no effect. Soon his hand. To those he drew up an answer, evincing clearly his innocence. in another letter to the earl of Middleton, which deserves a room here, and is as follows: "Those his answers the doctor sent inclosed May it please your Lordship;-The copy of the citation against me, has been sent me 'out of Scotland since I took the liberty to write last to your lordship; this puts me on a second address to you for conveying the inclosed answer, which I most humbly lay down at his majesty's feet. I am confident, that the falshood of the matters objected to me, will appear so evident to his majesty, as well as to all the world besides, that he will not only order the proceedings to be quite discharged, but that he will also order some.eparation to be made to me, for so public a blemish, as even a citation for so high a crime amounts to. I confess, the many hard things that have been of late cast on me, and in particular to young and old, and foreigners as well as Englishmen, that have been coming into those parts, make me see that my enemies have possessed his majesty with thoughts of me, that I must crave liberty with all humility, to say, that they are as undeserved as hard. What have I done or said, to draw on me so heavy and sø 4 B |