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395. The Case, with the Proceedings against Major JOHN BERNARDI,* 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 unprece dented 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 confining 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 and small duke and governors of that state, in the cha- beer; and whilst so confined, nobody durst re racter 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 22d of June, Accordingly John Bernardi escaped from 1660, signior Francis Bernardi was appointed his father in the year 1670, leaving him asleep resident from the said commonwealth to Eng-in his bed; and going out of his gate, he land, 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 bis 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 Packingtou, 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 lived 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 confined) will explain the cause of it." Former Edition.

return; bat recommended him by letter to captain Littleton Clent, a relation of her lady. ship's, then in garrison at Portsmouth, and equipped him with necessaries and money for 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 he 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

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

of his coat, he crowded back to the breach, and fell down to the bottom amongst the dead, (the ground being covered with them ;) when a soldier under his command seeing him fall, jumped after him, took him up in his arms, and ran to the trenches with him, where surgeons are al-famous battle with admiral Herbert in Bantryways waiting on those occasions: and thus Bay. But king James's affairs growing bad in saved his ensign from bleeding to death. The Ireland, he sent major Bernardi (made a major prince of Orange hearing of it, immediately in Ireland) to Scotland, to accompany the earl promoted Bernardi, and ordered him, with the of Seaforth, then going to raise men for king other wounded officers, to be conducted to James: but receiving the news of king James's Bois-le-duc: but Bernardi not being able to being defeated at the battle of the Boyne, the endure the jolting of the carriage, was laid on earl of Seaforth dismissed his forces, and sent the ground, till his servant went to get men to them to their places of abode, without consultcarry him back to the hospital. When he was ing his uncle, his officers, &c. who were pretty well recovered, he went with his arm in greatly exasperated: whereupon major Bera sling to Utrecht: but not being able to donardi desired to go to England, which majorduty for some time in his regiment, he made general Bouchan approved of, and sent for the his addresse to a maiden lady, well born and laird of Glencoe* to come with forty of his bred, but near twice as old as himself, he being vassals to receive Bernardi at Invergary, and to then about 20; but her fortune being consider. conduct him to the braes of Monteth, which was able for one in so low a post, he married her in performed in the night-time, for fear of the garApril 1677, and lived with her 11 years. In risons that lay in the way. 1687, when king James 2 demanded the six Bernardi proceeded on his journey from the regiments he had lent the Dutch, and they re- braes of Monteth, under the conduct of a guide fused to return them, about sixty officers quitted appointed him by colonel Graham, and arrived that service; amongst whom was captain Ber- at Edinburgh in the month of November 1691. Dard, who thinking it his duty to obey the The rulers of that city having heard that some commands of his prince, came to England. In gentlemen were come from the bighlands, or1688, when the prince of Orange landed in dered their gates to be shut, and a general England, and succeeding in his enterprize, search to be made for them. Bernardi's landking James 2, after many difficulties and lord getting notice of it, conducted him out of dangers risqued by him, got privately away town, but half an hour before that order was from Rochester over into France; when major put in execution; otherwise his journey at that general Kirk was sent by the prince of Orange time had terminated in the Tolbooth, or some to all the regiments then in England, with an other prison in Edinburgh; but escaping that association to be signed by all the officers, the and other dangers, he travelled on from thence contents of which were to bind them under their to London, meeting with no more difficulties at hands to stand by and defend the prince against that time, than those of a long winter journey. all persons whatsoever, and all the officers that But misfortunes may be compared with evil refused to sign it, were ordered to quit their habits, it being no easy task to get out of either, commands. Captain Bernardi refused to sign when once unhappily fallen into the road of such association, and quitted bis employ, went them. And this proved to be Bernardi's case : to London, and solicited for the prince of for, having finished his affairs in London, by Orange's pass for himself and family, being six disposing of some effects he had left with a in number, to go out of the kingdom, the only friend when he went out of England, and by favour he desired, which was granted him; selling his Scotch horses, he purposed to go those persons that went without a pass being in over into Flanders; and meeting with two gendanger of their lives, or being plundered by the tlemen of his acquaintance ready to go out of mob. Captain Bernardi got safe to Calais, and town, in order to make the same voyage, he found many English gentlemen arrived there went with them to Colchester, where they were before him, some of whom were his acquaint- recommended to a master of a ship, who was in ance, and in great distress for want of money a short time to carry over a lady of great quato bear their charges to Paris, having been lity to Ostend; but the wind happening to be stripped of all they had by the tumnlts in Eng-fixed in the east, the lady ordered her trunks to Jand. Bernardi having got to the value of be put on shipboard, and then went to a gentleabove 100/. in cloaths, linen, tent and field equi-man's house about five miles off, charging the page, pawned them all to a broker for less than master to send for her as soon as the wind came half their value, to assist some of those gentlemen; whereby he lost his goods, not having an opportunity of redeeming them in time. Captain Bernardi arriving at St. Germains, king James 2 told him, that he was just going to Ireland, and had then about 2,300 of his subjects arrived at St. Germain's. The French king granted orders for them to march to Brest, where the late earl of Dover was ordered to

"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 this a barbarous Massacre.'" Former Edit.

For the Proceedings in the Parliament of Scotland respecting the Massacre of Glencoe, see the present volume, post,

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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 Gene: 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 bath forgot. The six prosecuting justices were got there before them, with their subpoenaed 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 heard 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.

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; and 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 cut 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

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 delay gave Bernardi time and opportunity to 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 22d day of February; and were tried and convicted of high-treason March 11, 16956, and were all three executed on the 18th.

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 misfortune 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 then 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 disturbance 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, be desired he might be one of the company; with which Bernardi readily complied,

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.

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horrid and most dishonourable design, bis rank and long service must necessarily have rendered him a welcome guest amongst the conspirators, and consequently he must have shared

And here it is to be observed, that although | vile and pernicious councils, with respect to that captain Rookwood was in a proclamation, which came forth but the day before he and Bernardi went together to the tavern on Towerhill, and of which, without doubt, he had been apprised at the time of his first coming to Ber-captain Rookwood's fate, without any possible nardi, who then knew nothing of the matter; yet captain Rookwood thought fit to conceal the same from the knowledge of Bernardi as long as he could, and judging it conducive to his safety, he changed his name, and prevailed on Bernardi, by earnest intreaty, to do the like; but without acquainting him with the proclamation, as a reason for his so doing. Captain Rookwood was often visited in the compter by his minion the said Mr. Harris, to whom he had communicated these particulars: And as soon as the proclamation of the 23d of March came forth, which was the last that was published to apprehend conspirators, and was pub. lished at some weeks distance from the rest, Harris went and discovered captain Rookwood and Bernardi for the reward, and they were taken out of the compters by a detachment of the guards, in the night of the 24th of the same month of March, and were carried to the Tiltyard guard, and examined by the lords of the council the next day, and cominitted March 25, 1696, close prisoners to Newgate, loaded with heavy irons, and put into separate, dismal, dark and stinking apartments, not being allowed to speak to each other from the time of their being taken out of the two compters. Bernardi did never see Rook wood afterwards, who was soon after tried and condemned, and was executed at Tyburn with Cranburne and Lowick, on the 29th day of April following.

means of escaping it. Those who suffered death upon the account of the assassinationconspiracy, were eight in number, namely, captain Charnock, King and Keys, major Lowick, captain Rookwood, and Cranborne, and sir William Perkins and sir John Freind. Sir John Fenwick suffered for another species of treason, as shall hereinafter be particularly related and explained. The nine before-mentioned being executed, there still remained many close prisoners in Newgate upon that account'; but evidence being wanted to convict any more of them, the Habeas Corpus act was suspended for nine months, to prevent them from gaining their liberty by law; and this was done with a view of finding out evidence against them within that time. The suspension of the act expiring, several of them entered their prayer at the then next sessions and term, to be tried and admitted to bail. The first who entered such their prayer were three gentlemen who were brothers, and related to the earl of Bath, captain Stow, captain Walbank, and Mr. Blackburn, and some others, and they were all bailed out and discharged, though they were taken by proclamation, and a thousand pounds reward was paid for each of the first five persons. The remaining number in confinement then, were only Bernardi, captain Counter, Mr. Cassels, Mr. Meldrum, and Chambers; and they being locked up close in separate dismal parts of the It may be here demanded, how came_Ber- gaol, and most of them unknown to each other, nardi not to undergo the like fate with Rook- could neither communicate or do any thing for wood? To which he answers, that it was not themselves in order to their liberty, nor could by favour, but for want of evidence to hang know what had been done for others: But the Bernardi; though to have taken away his life good success of those before mentioned caused at that time without proof, had been tender their friends abroad officiously to enter prayers mercy, compared to the cruelty of the severe for them at the second sessions after the Habeas and long confinement he has since endured. Corpus act came in force; whereupon they None of the discoverers of the said horrid plot, were all of them taken out of their close holes, who were about ten or twelve in number, ever and were carried to the Old-Bailey, in order to so much as mentioned Bernardi's name, unless be tried or bailed. Mr. Constantine Phipps, Harris might make some mention of him, who (who was afterwards lord chancellor of Ireland) had no other knowledge of him, but by seeing was appointed their counsel to move for them, him and his friend Rookwood sometimes toge- and asked Bernardi, if any application had been ther; in which case he might speak truth with made to the solicitor of the treasury? Berrespect to Bernardi, but no farther. Harris's nardi answered, no; alledging, that as there view was the 2,000l. reward, which he received, was no law to keep them any longer confined, and which must no doubt with him have been a their friends judged it needless to apply to any consideration highly preferable to captain Rook-body for favour; little dreaming that an act of wood's friendship, though the captain had been parliament would be obtained to secure and a true friend to Harris for many years, and ac- continue their further confinement, a practice cording to all accounts, as kind to him as a never known or heard of before. As soon as good father could possibly be to a beloved son. they were produced in court in order to be tried Captain Rookwood was proved, by one of the or bailed, the solicitor of the treasury stood up chief discoverers of the conspiracy, to have and whispered the judges upon the bench: and been one night in their assembly and councils, though that sessions, being a sessions of gaoland then unhappily to have given his consent delivery, could not lawfully be determined to the designed bloody act against king William, without either trying or bailing these statewhich cost him his life. Had or could Ber-prisoners, the judges being obliged by law to wardi' at that time have been drawn into their deliver the gaol; yet upon the whispering mo

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