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present or violent death, and never could obtain the favour to be brought before any court of justice, to have his guilt or innocence proved; kept in prison near thirty-two years, by methods never heard of before; and is now nigh worn out with old age, decrepidness, and poverty.

"Your petitioner therefore most humbly implores and beseeches your majesty, in your Sovereign compassion and pity, to move the king to grant the prayer of your most miserable petitioner, which is but one prison for another, until the King of Kings, in his divine providence, shall deliver your petitioner out of this changeable world, or that his majesty may be graciously pleased to grant him more liberty in it. "And your petitioner shall ever pray, &c."* To the Queen's Most Excellent Majesty: The humble PETITION of ABIGAIL BERNARDI, Wife to the most unfortunate Major John Bernardi, who hath for upwards of oneand thirty years last past been confined a State-Prisoner in Newgate.

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"That your petitioner on the 25th of June last, did deliver to the king's most excellent majesty an humble petition on the behalf of the

*To Blackburn's Petition, to the same effect, was added the following certificate:

said unfortunate prisoner, thereby praying, for the reasons therein contained, that he might for the present, for the benefit of his health, and to save expence, be removed from Newgate to the King's-bench prison, till such time as his majesty should graciously see cause to order his absolute discharge, as by the said petition, reference being thereunto had, more fully may appear. That in the reign of his late majesty, in the time of the Preston rebellion, many prisoners under condemnation and sentence of death for high treason, (but reprieved) for the sake of their health obtained an indul gence of a removal from one prison to another, where the closeness of their confinement endangered their lives, as is now the case of the said unfortunate Bernardi, who, although he hath already undergone a confinement worse than death, was committed only upon suspicion of a very horrid and most detestable crime, in late majesty king William, but without any conspiring the murder and assassination of his proof, or as much as the oath of one single witness against him; neither hath any proof been found against him, or he brought to any trial, in upwards of one-and-thirty years time; and as he hath been always ready and desirous to take his trial, he hath, from time to time, regularly entered his prayer to be tried.

"Your petitioner therefore doth most hum

most honourable privy-council, principal secretary of state, for high treason, in conspiring the murder and assassination of the said king. Dated this 10th day of August, 1708, in the 7th year of our sovereign lady Anne, by the grace of God queen of Great Britain, &c.

"Middlesex, ss. These are to certify, That upon search made amongst the records of the sessions of gaol-delivery of Newgate, held for the county of Middlesex, it appears by the said records, that on the 2nd day of April, 1696, "S. HARCOURT, clerk of the peace, Robert Blackburn was committed to the said and gaol-delivery of Newgate, gaol of Newgate, by the right honourable the for the county of Middlesex." duke of Shrewsbury, principal secretary of It appears, by the foregoing Certificate, that state, for high treason, in conspiring the as- Robert Blackburn was committed the 2nd of sassination of the late king. And I do further April, 1696. That on the 9th of September certify, that at the sessions of gaol-delivery of following, he was admitted to bail. That the Newgate, held for the said county, at Justice- 14th of October, 1696, he was discharged. hall in the Old-Bailey, in the suburbs of the The 7th of January committed again for the city of London, on the 9th day of September, same fact; though taken up at the Buoy and 1696, the said Robert Blackburn was delivered Nore, by one captain Nash, for attempting to to bail by the court, for his personal appearance go to Flanders without a pass. By captain at the next sessions of gaol-delivery, to be held Nash left in custody of a messenger nine for the said county, to answer to all such mat- weeks. Then committed by sir William Trumters, as on his said late majesty's behalf should ball, knight, to Newgate, and never examined, be objected against him; and not to depart the or any oath against him, that ever he heard of; court without licence; and in the mean time, and then detained till au act passed to imprison to be of his good behaviour; that then, &c. Counter, Meldrum, Chambers, Bernardi and At which said next sessions of gaol-delivery, Cassels, who were all strangers to, and never to wit, at the sessions of gaol-delivery of New-seen by Blackburn, till in Newgate; and then gate, held for the said county, at Justice-hall aforesaid, on the 14th day of October, * 1696, the said Robert Blackburn personally appeared in open court; and was by the said court discharged of his recognizance. And I do hereby further certify, that it appears by the said records, that on the 7th day of January, 1696-7, the said Robert Blackburn was committed to the said gaol of Newgate, by sir William Trumball, knight, one of his late majesty's

he was inserted in the amended bill, which came down from the Lords to the Commons. He has been now almost thirty-three years in prison, and no allowance from the government, though a state-prisoner. He was not one of those, for whom the thousand pounds was offered. These several allegations have been reported true, by sir Edward Northey, and sir Robert Raymond; therefore he hopes to have his majesty's relief.

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bly beseech and supplicate your majesty, in your sovereign compassion and great goodness, to intercede with the king's most excellent majesty for the removal of your petitioner's unfortunate husband, the said major John Ber-king Charles 2, when in exile; however the nardi, from Newgate to the King's-bench prison.

“And your petitioner shall ever pray, &c."

To conclude this point, it is manifest by the before-recited copies of petitions, cases and certificates, and distinct allegations of the said major John Bernardi, that he was not guilty even of as much as misprision of treason, having never had, directly or indirectly, any knowledge of the said horrid conspiracy.

Here are two passages to be curiously enquired into; the first of which is, how Bernardi came to be put into a proclamation? The answer to this is not at all difficult. Undoubtedly it was by reason of George Harris's information of his being then in the Compter with captain Rookwood; which Rookwood was accused upon oath, though Bernardi never was. And this seems to be more unquestionably evident, in regard the proclamation, wherein Bernardi is named, did not come out until the very morning before Bernardi and Rookwood were taken out of the Compter by the Guards at midnight, upon Harris's information, which was five weeks after the discovery of the Plot, and Bernardi's name was never inserted in any former proclamation.

The next and second question is, On what grounds he was first confined by act of parliament? To which Bernardi answers, that the duke of Shrewsbury having inserted in his commitment the following positive words, viz. for being concerned in the horrid conspiracy, &c. though not a syllable of any charge upon oath, his grace's word under his hand was not to be called in question by the parliament, in favour of a poor, inferior, supposed enemy to the government: and how Bernardi, or any other man, could have the confidence to set forth so positively, by petitions to the king, and a case to the parliament, that he was never charged upon oath, if he had ever known or heard of any evidence against him, and in which (if the contrary had been fact) he might easily have been contradicted, is not to be accounted for. He affirms, and with great truth, that he never lay under the odium of being guilty of any base or dishonourable act in the whole course of his life, until the commencement of his present deplorable sufferings; which may gain some credit from his several promotions in commission from time to time, both abroad and at home and laying aside all true notions of honour, no man in his senses, having capacity or common sense enough to judge of his own interest, could sure be so infatuated as to engage in so horrid an action; because no prince upon earth, being a Christian, could or would ever countenance such a man afterwards, though what he did might turn to such prince's service. We have an

instance of it at home, of one sir Paul Whitford, who murdered Dorislaus, Oliver Cromwell's ambassador at the Hague. This base and wicked act might tend to the service of king, after the restoration, never suffered Whitford to appear in his presence, though he had been a favourite before; and if his majesty allowed him any thing, it was done so privately, that nobody knew it, and he lived and died in a remote part of the kingdom.

Bernardi quitted to the amount of about 5001, a-year, which he had coming in by employs, and by his wife's fortune, upon king James's demanding his subjects home from the Dutch service; and it may be therefore reasonable to believe, that Bernardi was in some esteem with the king as long as his majesty lived; and nothing but a fool or a madman could be so stupid as to forfeit such an advantage, by engaging in a vile, wicked, and most disho nourable action, which neither king nor subject could justify.

It may not be improper here, for manifesting and clearing up Bernardi's innocence beyond all contradiction, to give a particular relation of what passed before the lord chief justice Holt, upon the evidence given before his lordship, upon Bernardi's being suspected to be concerned in the said horrid and detestable conspiracy, the witnesses and discoverers of which were captain George Porter,* Mr. Le Rue,

*This George Porter, the principal evidence in the Assassination Plot, and against sir John Fenwick and the rest, was tried for the murder of sir James Hacket; and his Trial is | here inserted.

The TRIAL of George Porter, esq. for the murder of sir James Hacket, of Scotland, knt. at the sessions of the peace, Oyer and Terminer, held at Justice-hall in the OldBailey, London, on Wednesday, Thursday, Friday, and Saturday, the 10th, 11th, 12th, and 13th days of December, 1684, before the honourable sir James Smith, LordMayor of the City of London, sir Thomas Jenner, knt. one of his Majesty's Serjeants at Law, and Recorder of the aforesaid City; together with other Justices of London and Middlesex.

Jury.-Ralph Box, William Moyer, Walter Coventry, Jacob David, John Palmer, Ralph Izzard, John Easton, John Fauster, Roger Attley, Thomas Harrison, Francis Smith, Wil

liam Drinkwater.

George Porter, of London, esq. was indicted for killing sir James Hacket, in the parish of St. Bride's, London, on the 11th of October, 1684, in the 36th year of his majesty's reign. The case and circumstances appearing on the Trial were, that the deceased and the prisoner, being at the Duke's theatre in SalisburyCourt, after the play ended, a great crowd happening upon their coming out, and sir James

captain Blair, captain Fisher, Mr. Ubank or Hewbank, Mr. Bartram, captain Boyce, and some others, whose names have escaped the author's memory: they were all ordered to assemble at the said lord chief justice's chambers in Serjeants-inn in Chancery-lane, which they did, and were there examined upon oath by his lordship, in order to the trials of major Lowick, major Bernardi, captain Knightly, and captain Rookwood, which four were designed to be tried next after the condemnation and execution of captain Charnock, Mr. King, Mr. Keys, sir William Perkins, and sir John Freind, for being concerned in the said vile and villainous plot. Captain Boyce deposed upon his examination, that he had known major Bernardi a captain in the Dutch service, where he bore a very good character, but that he had not seen him in five years then last past. Mr. Le Rue deposed, that he also knew major Bernardi, but could lay nothing to his charge; and that the last time he was in his company, to the best of his remembrance, was at least two years before the assassination-plot was discovered. Captain Porter and the rest declared, endeavouring to make way for his children with his cane, gently moving it, happened to push Mr. Porter on the back; who asked, What the meaning of it was? But sir James, as he designed him no affront, took no notice of what he said; and still pressing for more room, accidentally hit Mr. Porter on the nose or mouth, and made it bleed; upon which the prisoner supposing himself to be affronted, and jostled or brushed by the deceased, (who had the cane still in his band) drew his sword, and, without further consideration, run the deceased into the thigh, so that the weapon appeared both ways, cutting likewise his fingers, whilst he struggled to draw it forth; whereupon the prisoner recovered his sword, (the deceased at that time sinking down) but had no further opportunity to push at sir James, here it was seized by a gentleman present; whereat the prisoner expressed much indignation, and get ting it once more at liberty, stood upon his guard, saying, he had served one already as he had deserved, or to that effect; yet the deceased, after the wound received, went home in a coach, and lived till the 26th following, and then died in the parish of St. Martin's in the Fields.The defence the prisoner made, was, that he had received a push in the mouth, as he verily believed, from the deceased, and by that means became so rashly unfortunate, as to run him through the thigh; adding, that he knew not the person that fell through this occasion, and therefore could have no premeditated malice against him, &c. whereupon the jury returning their verdict, found him guilty of manslaughter only; by which means he was not found guilty upon the statute of stabbing; upon which statute he was charged with a second indictment: but the next heir brought an appeal. At the next sessions, held the 16th and 17th of January, 1684, Mr.

that they never had any knowledge of major Bernardi. Thereupon major Bernardi was struck out of the number or list of the four designed for trial, and Mr. Cranburne was ap. pointed to be tried in his room, to make up number four. They were all four tried accordingly, and condemned. Three of them, viz. Major Lowick, captain Rookwood, and Mr. Cranburne, were executed soon after. Captain Knightly, who pleaded guilty, was by great intercession reprieved, and some time after pardoned upon the terms of banishment. Now followeth a remark upon a mistaken notion frequently broached and argued abroad, to the great prejudice and wrong of major Bernardi and his two remaining fellow-sufferers, Blackburn and Cassels, viz. That there was one evidence against them, and only one to be come at, they having artfully spirited away and decoyed out of the kingdom one other evidence, who could have proved them concerned in the fact, which was the ground and foundation of the parliament's passing the first act for their confinement. Major Bernardi takes upon him positively to deny that fact, and to Porter prayed the court, that he might be admitted to his clergy; but was answered, that an appeal being already brought and allowed, it could not be granted. Then he desired he might have his prayer recorded; but that not being practicable in such cases, he was only admitted to bail, himself entering into a recog nizance of 1,000l. and his sureties 500l. each; and ordered to move it by his counsel the succeeding term, at the King's-bench bar. Though at the next sessions held at the Old-Bailey, the 25th of February following, Mr. Porter pleaded his majesty's most gracious pardon for killing sir James Hacket, which was read and allowed, and he discharged.*

evidence against Charnock, King, and Keys This captain Porter, as a reward for giving (his servant), sir John Freind, sir William PerJohn Fenwick, &c. had a pension settled on kins, Brigadier Rookwood, Mr. Cranburne, sir him of 260l. per annum, which he enjoyed till about June 1728: for the probate of the will of this George Porter, late of the parish of St. James's, Westminster, esq. was granted in the prerogative-court of Canterbury, July 4, 1728, unto Elizabeth Porter, his widow and executrix; so entered in the Pension-office_books, office, July 1728. Captain Fisher had like. and in auditor Harley's and auditor Foley's wise a pension of 2601. per annum for being an evidence in that Plot, as had others, but less sums.

* Captain Porter, in Rookwood's Trial, (see p. 182,) was excepted against by the prisoner's counsel, as incapable of being a witness, standing convicted of felony, for killing sir James Hacket, knt. 36 Car. 2. But having got the king's pardon, was allowed a legal witness, though not burnt in the hand.

affirm that nothing can be more false and un- nor put in dungeons, or otherwise ill used in true: for no one evidence or discoverer of that prison; but he is always handsomely provided abominable conspiracy was ever prevailed on for, and allowed a liberal subsistence by the to abscond or quit the land, or ever absented government according to his rank and degree: himself, while the government had any use or But in our said English Bastile no state-prisoner occasion for him. Mr. Goodman indeed, the has any allowance made him from the governstage-player, had been a copartner evidence ment, and in case he hath not of his own, he with captain George Porter against sir John must live upon charity, if he can be so happy Fenwick, who was charged by them with as to meet with it, or starve: and in case he being concerned in a different species of trea- hath any known substance, he must expect to son, with other persons of quality, by endea- be squeezed out of a great part of it, or he shall vouring to procure an invasion from France, have much worse lodging than many a toleratwo years before the assassination-plot broke ble dog-kennel of a kind good-natured country out, though sir John Fenwick was not accused esquire would make, be loaded with irons, and by Goodman and Porter till that time. True used worse than a dog. And all this is perit is, that the said Goodman was soon after in- mitted or connived at, under a government, the Aluenced by a bribe and fair promises (as is voice of whose people is almost perpetually supposed) to quit the kingdom, thereby to pre- boasting of liberty and property, the words li vent sir John Fenwick's being convicted of berty and property being ever uppermost, and high treason by the common law; which oc- at their tongues end, and they constantly excasioned the parliament's passing a bill of at- claiming against arbitrary power: But God tainder against him, which took away his life. alone knows the sincerity and soundness, or the But that was not the case, in any respect, hollowness and deceitfulness of men's hearts, of Bernardi, Counter, Meldrum, Chambers, Can it be accounted for, that so much oppresBlackburn, and Cassels, or any of them: nei- sion should be suffered to be practised in a free ther was Goodman ever so much as mentioned and Christian nation (as England is); and, on or charged with the knowledge of, or of being the contrary, that so much humanity and relief in any manner concerned in the assassination- should be shewn and used to state-prisoners in plot; so that he neither was, nor could be an distress in France, under an absolute and arbievidence against any one upon that account. trary government? Sure it cannot proceed from Providence was so gracious, merciful and in- the French being more honest, more polite, dulgent to major Bernardi, in the midst of his more humane, less malicious and revengeful, miseries and afflictions in Newgate, as to pro- or of a more generous and Christian temper, vide him a second virtuous, kind and loving than the English. For my part, I am so far wife, in the year of our Lord 1712, who hath from asserting it, that I will not so much as proved to-him a true helpmeet, having by her think it. But this I will affirm, that what I good management and industry, and great and have before observed with respect to the differkind care of him, contributed much to his sup- ent usage of prisoners, in the two several basport and comfort, and to the keeping of his tiles of the different nations, is not more heart from breaking, under the worst of his strange than true. And now I have nothing hardships, difficulties and distress. And by her more to add hereunto, but my hope and earnest he hath had, during his confinement in New- desire, that such as, out of curiosity or othergate, ten children, who in respect of charge and wise, shall give themselves the trouble to read expence under his strait and narrow circum- this small tract, will be pleased to judge fastances, and under his immurement, or being vourably of me; to which intent I was chiefly buried alive, have been no small burthen to him; moved and induced to the pains of writing it in yet he esteems them great blessings bestowed my old age, and to prevent an infamous and upon him by Almighty God, at whose tribunal, odious character of me from being wrongfully after this miserable and wretched life ended, he and injuriously handed down and transmitted knows he shall appear innocent of the heinous to posterity; the very thoughts of which have and monstrous crime laid to his charge; and been more grievous to my mind, and more for the bare mistaken suspicion of which he hath piercing and wounding to my spirit, than all in three reigns (and for near a year and three the rest of my hardships and sufferings, which quarters in a fourth) been so severely treated: will ever be the case of a man well born, having and then he shall, if not sooner delivered by any an honest heart, a soldier, and a man of hoking upon earth, God Almighty's vicegerent nour. Such a man can ill bear reproach and here below, be delivered from the English disgrace, not having deserved it, and to whom bastile (valgarly called Newgate) by the great his good name and fame must be ever dearer, and merciful God himself above, the king of and by him held in much greater esteem, kings, and only ruler of princes. It may not than any other thing in life, nay, even than be improper here to distinguish our said Eng-life itself, and the author being old, as belish bastile from that in France, and to shew in what circumstances they materially differ. To which end know, candid reader, that a stateprisoner in the Bastile in France pays not, nor is squeezed out of any thing for his lodging, meat, drink, or ease, nor is loaded with irons, VOL. XIII.

fore mentioned, and (as he doth hereby frankly own) unlearned, and not skilled in letters, having chiefly been trained up in war, and not much in scholarship, he humbly hopes the same may in some measure plead his excuse for such defective words as may be found in this bis

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short narrative, and for the plainness and un- | misfortune to him, the same is verified in this, uncorrectness of its stile. Untruths or misrepresentations there are none in it, to the best of his knowledge and memory; nor hath he intentionally, or at all, to the best of his judgment, herein reflected upon any person whomsoever in any wise, or upon the power, justice, or wisdom of the several parliaments, by whose renewed acts, from time to time, his confinement in prison bath been spun out to so great a length nor upon the courts of justice and learned judges presiding therein, who have had the several opportunities before-mentioned of discharging or bailing him according to law, further or otherwise than as any reflection upon any of them, from the particular facts by him herein plainly, truly, and impartially stated, may naturally and unavoidably arise and result.

One very great misfortune it hath been to the author, and the last that he will trouble his reader withal; and which would scarce, in the case of another, be deemed a misfortune, but rather on the contrary be esteemed a very great blessing, viz. That he hath lived to so great an advanced old age, which most people would naturally desire to do, life generally speaking, being sweet, and the very thoughts of death abhorrent and shocking to nature; though death, when all other friends fail, is most certainly a kind and sure friend and deliverer in time of need, from chains and gaols, an hell upon earth: But to explain and make out, that the author's having lived so long hath been a

that he hath thereby survived almost all his
contemporaries, friends, and acquaintance, who
have contributed to his support. And it is now
too late in the day, and under confinement for
him to hope or expect to make any new ac
quaintance or friends, whereby he may reap
any advantage or assistance under his present
difficult circumstances, unless this his little
tract may perchance make him some friends
among the good-natured, generous, and cha
ritable part of mankind, who shall not be void
of all sense, notion, and fellow-feeling of an-
other's suffering; nor be perfect strangers to
all humanity, pity, commiseration and com-
passion; nor profane that sacred petition in the
Lord's prayer, viz. Forgive us our trespasses,
as we forgive them that trespass against us;
as it is to be feared many do, by having it in
their mouths, when they themselves, with
hardened hearts, cannot forgive even the inno
cent and guiltless, who have not trespassed
against them. And so the author concludes
with bidding his reader heartily farewel; and
in attestation of the truth of what he has writ,
he takes the freedom to subscribe his name.
Newgate,
JOHN BERNARDI.

March 1, 1728.

He died at his chambers in the Press-yard ia Newgate, the latter end of September, 1736, in the 82d year of his age, having been a stateprisoner about 40 years in that gaol, without trial or any allowance from the government.

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396. Proceedings against Sir DUNCAN CAMPBELL, and other Heritors of the Shire of Argyle, for High-Treason:* 1 & JAMES VII. (of Scotland) A. D. 1686-1687. [Now first printed from the Records of Justiciary in Edinburgh.]

CURIA JUSTICIARIE, S. D. N. Regis tenta in the instance off sir George McKenzie, of Pretorio Burgi de Edinburgh, quarto die Rosehaugh, his majestie's advocate, for his mensis January 1686, per nobilem et po-highnes entrest against sir Duncan Campbell, tentem comitem Georgium Comitem de of Auchinbreck; Archibald Campbell, sone to Linlithgow, Justiciarium Generalem, et the lord Neill Campbell; Donald Campbell, honorabiles viros, Jacobum Foulis de Col- elder, of Barbreck; John Campbell, younger, lintoune, Justiciariæ Clericum; Davidem off Melfort; Archibald Campbell, off Dana Balfour de Forret; Rogerum Hoge de (prisoner); John Campbell, of Knap; maister Harcarss; Johanem Lockhart de Castle- Alexander Campbell, advocat; Dougall Camphill; et Alexandrum Seattoune de Pit-bell, off Kelberrie, younger; the deceast Alex medden; Comissionarios Justiciariæ dicte | ander M'c Millan, of Drumore, Donald M'e S. D. N. Regis.

Curia legitime affirmata.

THE said day anent our soveraigne lords criminal letters raised, used, and execute at

* "Oct. 12, 1685. Sir Duncan Campbell, of Auchinbreck; Mr. Alexander Campbell, Advocate, and many others of that sirname, are cited on 60 days for joining with Argyle. And being called at Criminal Court on the 14th of

Neill, of Crier; Collen and Duncan Campbells elder and younger, of Blairintibert; Duncan Campbell, of Carridell, elder; Alexander Campbell, of Marr; major Henderson; captaine John Foulertoune; Mr.

December to be forfeited on probation, were continued to the 5th of January, 1686.

"Jan. 5th, 1686. At Criminal Court, sir Duncan Campbell, of Auchinbreck, and thirtytwo more, Argyleshire heritors, mentioned 17th

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