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 remainings 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 hath been, and still are continually obliged for its moderation and justice; for instead of being exposed to the severity 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 been reduced 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 restor ing 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 them. selves. 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 har 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 judgment which the law hath appointed. And the court doth award, "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 'body, and burnt in your view; your head is to be cut off, and your body is to be divided into four parts, and your head and your quar 'ters are to be disposed where his majesty shall 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 your falordship and the rest of the judges for vour 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. D. 1696.* escape." The Account published at that time, Account of what passed at the Execution of 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 per and 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 Per in 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 private discourse with one of the ministers. these persons died owning the ill designs they Sir W. Perkins. When must I deliver my had been engaged in, and expressing no sort of paper?-Minister. When all is over. 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 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 tion of the sick: and then the ministers standing up, asked them, Whether they were in charity with all the world? and if they had offended any, whether they did ask them forgiveness? And whether they did desire the absolution of the Church? Upon their answer, that they did, they all laid their hands upon their heads, and Mr. Cook pronounced the absolution, which ended in these words: "And by his authority committed to me, I absolve thee from all thy sins, in the name of the Father,"&c. Sir W. Perkins. When are we to deliver our papers?-Minister. Now, if you please. Sheriff. Take what time you please, Sir, for your devotions, we will wait your leisure. Then the two prisoners continued in their private prayers, sir W. Perkins making use of the prayers in the Whole Duty of Man, and sir John Friend read some prayer out of a written paper; and afterwards, sir W. Perkins delivered to the sheriff's a paper. Sheriff. If you require any more time, you shall have it. You say this is your paper? Sir W. Perkins. Yes, Sir; and I desire you to dispose of it as you think fit. Sheriff. Have you any thing to say, by way of confession or denial, of the fact for which ye come hither to suffer? Sir W. Perkins. What I think fit to say, is contained in that paper. Sheriff. If you desire any more time, you may have it; you shall have your liberty. Then sir John Friend held a paper up. Sheriff. What do you say, sir John ? Sir J. Friend. Sir, here is a paper, I desire it may be printed; for I came here to die, and not to make a speech; but to die, and to resign myself to God; and I desire it may be printed, for all people to see it. (For both their Speeches, see p. 136 of this volume.) And I have no more to say, but to beg of God to receive my soul; I resign my soul to him. Sheriff. The Lord have mercy upon you. Sir J. Freind. I hope the Lord will have mercy on me. Sheriff. Sir John, if you desire any more time, you shall have it; we will wait on you with great willingness. Sir J. Freind. I thank you, Sir. Mr. Sheriff, I desire the cart may not be too hasty to go away, till we give a sign. Sheriff. You shall have your own time; take your time, communicate your own sign, and the cart shall not go before. Then the ropes were tied about them. Sir J. Freind. I have no animosity against any man; I freely forgive all, and I hope God, for Christ's sake, will forgive me. Then their caps were put on. Sir J. Freind. My Saviour had a crown of thorns for me; the Lord receive my soul! the Lord have mercy on me! Then the Executioner asked them both forgiveness; and they answered, We freely forgive you. Sir J. Freind. Will not the things lie in my way? Executioner. I will remove them. If you please, tell me when I may pull your caps over your eyes.-Prisoners. When you will. Sir W. Perkins. The Lord receive my spirit! Executioner, had I best hold up my legs, or stand in the cart when it goes away? Executioner. It is best to stand, Sir, I think. Sir W. Perkins. But then my feet will hang in the cart. Executioner. If you please, give me notice when you will have the cart go away. Sir J. Freind. Stretch forth thy arms, O Lord, and receive my soul, and carry it into heaven, I beseech thee! Executioner, when we knock, go away. And after a few ejaculations, they gave the sign, and the cart drew away. They both of them gave money to the Executioner; and having hung above half an hour, being a considerable time after they were dead, they were cut down and quartered, according to the sen tence. Snatt were committed to Newgate, and ordered For this act of theirs, Mr. Cook and Mr. Mr. Collier kept out of the way, and was not to be prosecuted by the Attorney General; but taken. On this occasion, Mr. Collier published the following Defence of himself: A DEFENCE OF THE ABSOLUTION GIVEN TO SIR WILLIAM PERKINS AT THE PLACE OF EXECUTION, APRIL 5, 1696. The My being present, and in some measure 'officiating, at the place of execution on Friday last, has been extremely misunderstood. Weekly Intelligence, together with the Remarker, have censured this action with a great deal of liberty and heat. I thank God 1 am not easily disturbed with intemperate language, especially when it is given without occasion. So that if matters had gone no farther, I could have passed over the ill usage, and said nothing. I confess, having received notice that some persons of figure threatened me with imprisonment, I took a little care of myself; and as it happened, not without reason: For on Monday about twelve at night, six or eight persons rushed into my lodgings, broke open a trunk, and seized some papers of value, though perfectly inoffensive and foreign to their purpose. And since, I understand there is a Bill found against me for High Misdemeanors. And now one would think I had done something very extraordinary. I shall therefore make a brief report of mat. ters of fact, and leave the world to judge, whether all these censures and severities are deserved or not. Sir William Perkins (whom I had not seen for four or five years last past) after his trial, desired me to come to him, in order to his preparation for another world. I accordingly visited him in Newgate, as I thought myself obliged by my character. I was put in the list of those who had leave to see him by `public order, and had the first two days the liberty of gone against the authority both of the anconversing with him in private. Afterwards I cient and English church. If it is said was not permitted to speak or pray with him that the nature of this gentleman's charge realone, a keeper being always present. At last quired his being absolved in private; to this I even this permission was recalled, insomuch answer, so he had been, bad I been permitted that I could never see him from Wednesday to visit him the last morning: but this liberty morning, April the 1st, till Friday at the place was refused me more than once; and I hope of execution. Sir William, being under an ex- I shall not be blamed for impossibilities of other pectation of death from the time of his Sen- men's making. In short, he seemed very ience, had given me the state of his conscience, desirous of absolution at my hands, as being and therefore desired the solemn Absolution of the only person acquainted with his condition. the Church might be pronounced to him by Privately it was not in my power to give it me the last day. And understanding I was re- him; so that he must either receive it publicly fused admittance on Friday morning, he sent from me, or not at all. But sir William conme word that he would gladly see me at the fessed himself acquainted with the intended place of execution. I went thither, and gave Assassination. Pray, did he confess it to me, him the Absolution he requested, it being im- and have I revealed any part of his confession? practicable for me to do it elsewhere. This Then I had been guilty of High Misdemeanor office I performed word for word in form, indeed: I had broke the 113th canon, and been as it stands in the Visitation of the Sick. pronounced irregular by the church; and he And now where lies the great crime of all that falls under irregularity, is for ever after this? when a man has declared his sorrow incapable of executing the office of a priest. for all the faults and miscarriages of his life, (Dr. Heylin's Introduction to Cyprian, Angl. and qualified himself for the privilege of ab- p. 6.) I confess there is an exception in the solution, with what justice could it be de- canon, but that does not reach the case in hand, nied him? Ought not dying persons to be even upon the largest supposition. Well! supported in their last agonies, and pass into But sir William owned this charge before the the other world with all the advantage the Committee. How could I know that? I neichurch can give them? I am surprized so ther saw sir Williain after his examination, till regular a proceeding as this should give so Friday noon, nor the Votes which mentioned much offence, and make so much noise as I it till after that time. But he confessed it in perceive it has done. Some people, I under- his Paper. What then? Which way does the stand, are displeased at the office being per- Paper concern me? It is well known sir Wilformed with Imposition of Hands. Now this liam Perkins was a man of sense, and bred to is not only an innocent, but an ancient cere- law and letters, and needed no help to assist mony of absolution. It was the general prac-him in writing a few lines. Besides, I was tice of the primitive church in such cases, long not permitted to come near him for more than before there were any exceptions to the Roman two days before he suffered: neither was he Communion. It is, in the opinion of several allowed so much as pen and ink till the last fathers and good modern expositors, referred to morning. Then it was that he penned his by the Apostle, 1 Tim. v. 22. It is likewise Speech, as I am told by those who were preprescribed the Assisting Presbyters in our own sent; and having read it before the Keeper, Ordination Form. But I suppose I need say delivered a copy of it to a friend, which was no more in defence of this circumstance. To not shewed to me till after the execution. proceed: others seem very much shocked at deed, I did believe he would leave some paper the thing itself; and think it a strange pré-behind him, both because it is customary upon sumption to admit a person charged with so such sad occasions, and because on Tuesday high a crime, to the benefit of absolution. With night, when he expected death on Wednesday, submission, this is concluding a great deal too he desired pen, ink and paper, for that purfast. Are all people damned that are cast in a pose. capital indictment? if so, to what purpose are they visited by divines, why are they exhorted to repentance, and have time allowed them to fit them for death? But if they may be acquitted hereafter, notwithstanding their condemnation here; if they may be recovered by recollection, by repentance, and resignation, why should the church refuse them her pardon on earth, when she believes it is passed in heaven? The power of the keys was given for this purpose, that the ministers of God might bind or loose, as the disposition of the person required. The latter I sincerely believed to be sir William's case: I judged him to have a full right to all the privileges of communion: and therefore had denied him absolution upon his request, I had failed in my duty, and In And now, after all, I desire to know in what single circumstance I have misbehaved myself, or done any thing unbecoming my profession? It is very hard a man must be persecuted for performing the obligations of his office, and the duties of common friendship and humanity. As for any methods of murder, I dislike them no less than those who rail loudest; and nothing but a mercenary malice could suggest the contrary: but if the functions of the priesthood, and the assistances of religion, and the reading the public Liturgy, are grown a crime, I am not concerned at the imputation. I hope the complying clergy will take some care to check the disorders, and inform the ignorance of their people a little better. If they are unreproved for these slanderotis ex tion with an army of French Papists, for the ruin of their country, and the extirpation of that religion which they themselves do profess. 2. As for sir William Perkins, who also professed to die in the communion of the church of England, we cannot think he meant any thing else by it, than that he adhered to the same violent faction; being assured (as we are by very good information), that both he and sir John Friend had withdrawn themselves from our public assemblies some time before their death: which makes us the less wonder to find in both their papers so light, and even design of assassinating his sacred majesty and favourable, a mention of that most inhuman especially in that of sir William Perkins, who, though he was publicly convicted of his having all, could think to clear himself of it with this engaged so many in that horrible sin, yet after wretched excuse: It is true I was privy to 'the design_upon the prince, but was not to act in it.' Blessed be God, there never was any of our church, that in any change of times could have this laid to his charge, that he was so much as privy to a design of assassination. We the Archbishops and Bishops now in and about London, upon occasion of our attendance in parliament, having seen a printed paper, intituled, A true Copy of the Papers delivered by sir John Freind and sir William Perkins to the sheriffs of London and Middlesex, at Lastly; For those clergymen that took upon Tyburn, the place of Execution, April 3, them to absolve these criminals at the place of 1696' and being also certainly informed of execution, by laying all three together their the most irregular behaviour of Mr. Cook, Mr. hands upon their heads, and publicly proCollier, and Mr. Snatt, in pretending to ab-nouncing a form of absolution; as their mansolve the said criminals at their execution, to the great scandal of the church, and of our holy religion, have therefore thought ourselves obliged to declare our sense of the same, as here followeth: 1. As to the Paper before mentioned, we cannot but observe, that in that part to which sir John Friend is intituled, among many other things there delivered as his private opinion, (for which we must leave him to God) there are mingled some things concerning the church of England, to the great dishonour and reproach of it. That venerable name is, by the author of that paper, appropriated to that part of our church which hath separated itself from the body; and more particularly, to a faction of them who are so furiously bent upon the restoring of the late king, that they seem not to regard by what means it is to be effected. We have a sad instance of it in this very person, who (as was deposed at his trial) was privy to the horrid design of Assassination, and yet neither discovered it, nor shewed any dislike of it, but as he was afraid it might ruin king James and his affairs; and was ready also, together with others of the same Christian principle (as the author of his paper is bold to call it) to act in conjunc "This Mr. Collier was a very learned and ingenious man, and the author of the Great Historical Dictionary, in folio; of the Ecclesiastical History, in folio; of the View of the Stage; and many other pieces."-Former Edition. ner of doing this was extremely insolent, and without precedent, either in our church, or any other that we know of; so the thing itself was altogether irregular. The rubric in our office of the Visitation of the Sick, from whence they took the words they then used, and upon which, if upon any thing in our Liturgy, they must ground this their proceeding, gave them no authority nor no pretence for the absolving these persons; nay, as they managed the affair, they acted in this absolution far otherwise than is there directed. That rubric is concerning sick persons; and it is there required, "first, That the sick person shall be moved to make a special confession of his sins, if he feel his couscience troubled with any weighty matter: and then, after such confession, the priest shall absolve him, if he humbly and heartily desire it." But here they absolved, and that publicly, persons condemned by law for execrable crimes, without so much as once moving them at that time to make a special confession of their sins, at least for those sins for which they were condemned. And on the other side, here were persons absolved that did not humbly desire absolution, as feeling any such weighty matter to trouble their conscience ; but on the contrary, in sir John Friend's Paper it is declared, that he had a great deal of satisfaction in suffering for that cause, which he firmly believed to be the cause of God, and true religion. If these ministers knew not the state of these men's souls, before they gave them absolution, |