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'compte de ses actions.' Surquoy Cromüel et cinq des sept conseillers qui faisoient tout le Conseil s'estant retirés dans une autre chambre et rentrés quelque temps aprés ils demanderent à de Bas s'il persistoit à ne point vouloir répondre et parce qu'il dit qu'il ne répondroit 'point' on luy ordonne de sortir du Roiaume dans deux fois vmgt quatre heures. Il estoit suffisamment convaincu d'avoir conspiré contre Cromuel et neantmoins cet usurpateur qui avoit bien fait voir en d'autres occasions qu'il ne consideroit pas fort les Ambassadeurs et qui en ce temps là n'avoit pas plus besoin de la France que la France avoit besoin de luy jugea que tout ce qu'on pouvoit faire à de Bas sans violer le Droit des Gens c'estoit de le faire sortir de l'isle."

Of the two passages in Thurloe's State Papers, cited by Mr. Ward, as the other authority for his narrative, the first contains merely the informations given by certain witnesses against le Baas, and the second, so far as it goes, nay. be thought to impugn the representations of Wicquefort and Mr. Ward. No great civility is displayed by ordering a gentleman who is in London to quit England within the space of twenty-four or forty-eight hours. It appears, moreover, that the Embassador was civilly sent away, for his master's sake.' There is room for a suspicion that Mr. Ward had not consulted all the books to which be refers. In page 449, of his second volume, he makes a slight mistake in the title of Wicquefort's work. The passages in Thuiloe are these:

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An Information concerning Monsieur de Baas. "I being in discourse with Mons. de Baas the day he went from London, he told me that he was occasioned to go away by a deposition of Naudin to the Lord Protector, by whom he was sent for some days ago, with an intention to examine him before many of his council, not considering he was a royal commissioner, whereof he was very sensible, saying, that if the Protector had spoken to him in private, he would have given him satisfaction of the things, of which he was accused by the said Naudin, whom he called an indiscreet man, his own meaning having not been to attempt any thing against the Protector, but only to know what could be attempted. And after some discourse betwixt Mons. de Baas did confess, that he ever since some weeks had enquired from D. Naudin, whether he knew not among his own acquaintance a good valiant and understanding gentleman, in whom the soldiers should have confidence, and who also should have interest amongst the gentry, both for to divide the army, and for to raise secretly money and troops against the power newly settled in England. To this answered Naudin, that he knew such a gentleman, and he believed many able ones should be ready to follow on him in the same design, if there was any hope of relief and help from another place. Mons. de Baas said to this, that he being a public minister, he would assure him, that the

VOL. V.

crown of France should doubtless deliver money enough by his own hands for the payment of such an enterprize; and that would appoint a good recompence in France or other parts to the beginners of the said design, if so was, that they would not come to the end of it: besides, that it was a glorious way, by which the king of Scots (whose intention surely was free in matter of religion) should be restored, and called again, both by many provinces of England, and several officers and soldiers of the Protector's army.

"D. Naudin answered to this, that he durst not, nor had the power of attempting such things himself; but that he would acquaint some with the said matter and offers.

"Mons. de Baas said this before he went away, that notwithstanding all these discourse, his intention was not to go further with Naudin; but he knew another way of hurting England, which he had not communicated yet." The Examination of Theodore Naudin, taken the fifth day of June, 1654.

"Who saith; That about April last Mons. Baas, agent of the king of France, residing here, sent unto this examinant, by one Mons. Sharriere, and desired to speak with him; and accordingly, the examinant went to the said Mous. Baas to his house in Covent-garden in the morning, where he found him in bed; and then nobody being in the room, the said Mons. Baas, after mutual salutations, did ask the examinant of several particular things relating to this commonwealth, as what forces there were in England, and whether the examinant knew major general Harrison, and some other things, which he doth not now remember; but did observe, that the said Mons. Bans was very inquisitive, which made the examinant. suspect he had some design against this state; but at that conference he acquainted the examinant with nothing in particular. He farther saith, that a little while after he went again to the said Mons. Baas; and that then he told this examinant, that he did fear that the Protector had no mind to make peace with France; and that therefore he had a design to trouble the affairs of England, and to make divisions in the army; and other words to that effect; and asked this examinant, whether he knew not some able valiant persons, who had interest in the army, to undertake this design; whereto this examinant answered, he would endeavour to find out such persons, and that he hoped to do it. And this examinant did presently after acquaint colonel Buller with this discourse, and what design the said Mons. de Baas had. And the said Buller wished the examinant to proceed on with Baas; and thereupon this examinant did repair to the said Mons. de Baas, and acquainted him, that there was a person of honour, a friend of his, that would undertake this business; but that this could not be carried on without money, and the orders and countenance of the cardinal; and that if that were had, other persons 2 L

adding farther, that after the Protector was cut off, all that were in command, from the general to the least officer, should be in command but eight days, and every one take their turns; and this would make all the common soldiers to join with me, and all other discontented persons; and that for me to do this action, it was nothing at all, if I would undertake it; saying, that if I would not, although he had never been a soldier, yet he had as much courage to do this action as any man whatsoever; and therefore he pressed me to give my consent, and then he would go to the French embassador about it. I thought it fit to put him off four days, at the end of which I condescended he should go; and accordingly the 22nd of April he went to Mons. le Baas in the mora

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

THEO. NAUDIN."

The Information and Examination of colonel
Bulier, taken the day of

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

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

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

A Letter of Intelligence.

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

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

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

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

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

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

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

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

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

The court was called (each member by Somerset Fox was first called to the bar, name), and the ordinance impowering them and an Indictment of High-Treason read read. The prisoners to he tried were, Mr. against him, for joining in a traitorous design John Gerhard, gentleman; Mr. Peter Vowel, to have murdered his highness the Lord Proschoolmaster of Islington; and Somerset Fox. tector, and divers of his council, proclaimed Could not want frequent opportunities of re- and to charge them that they should be quiet, venge this way. It was the greatest consolation and not engage themselves in any plots; which to miserable men, who had, in themselves or 'must prove ruinous to them, and could do the their friends, bcen undone by their loyalty, to'king no good:' which was very true: for his meet together, and lament their conditions: majesty had observed so much of the temper and this brought on invectives against the per- of the people at his being at Worcester, and son of Cromwell; Wine and good fellowship, his concealment after, the fear they were under, and the continuance of the discourse, disposing and how fruitless any insurrection must be, that them to take notice of the universal hatred he endeavoured nothing more than to divert, that the whole nation had of him, and to fancy and suppress all inclinations that way. How how easy it would be to destroy him. And ever, this High Court of Justice received proof, commonly there was, in all those meetings, that Mr. Gerard and Mr. Vowel had been some corrupted person of the party, who fo- present with some other gentlemen in a tavern, imented most the discourse, and, for a vile re- where discourse had been held, how easy a compence, betrayed his companions, and in- thing it was to kill the Protector, and at the formed of all, and more than had been said. same time to seize upon the Tower of LonWhereupon a new plot was discovered against don, and that, if at the same time the king the Commonwealth and the person of the were proclaimed, the city of London would Protector, and a High Court of Justice was presently declare for his majesty, and no body presently erected to try the criminals; which would oppose him.' rarely absolved any man who was brought before them. But to this kind of trial they never exposed any man but those of the king's party; the other, of whom they were more afraid, had 'too many friends to suffer them to be brought before such a tribunal; which had been first erected to murder the king himself, and continued to root out all who adhered to him. No man, who had ever been against the king (except he became afterwards for him) was ever brought before that extravagant power; but such were remitted to the trial of the law by juries, which seldom condemned any.

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"Upon this Evidence, these two gentlemen were condemned to be hanged; and upon the 10th of July, about two months after they had been in prison, a gallows was erected at Charing Cross; whither Mr. Vowel was brought; who was a person utterly unknown to the king and to any person entrusted by him, but very worthy to have his name, and memory, preserved in the list of those who shewed most magnaninity and courage in sacrificing their lives for the crown. He expressed a marvellous contempt of death; which,' he said, he suffered without having 'committed any fault.' He professed his duty

and earnestly and pathetically advised the people to return to their fidelity to both; which,' he told them they would at last be compelled to do after all their sufferings.' He addressed himself most to the soldiers; told them 'how unworthily they prostituted themselves to serve the ambition of an unworthy tyrant;' and conjured them to forsake him, and to serve the king; which, he was sure, they would at last do.' And so having devoutly recommended the king, and the kingdom, and himself, to God in very pious prayers, he ended his life with as much Christian resolution, as can be expected from the most composed conscience.

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

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

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

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

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

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

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

of his weakness.

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

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

the block.".

Hume thus expresses himself concerning this transaction:

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

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

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

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

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

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

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

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