Whereupon being arraigned, he pleaded Not Guilty, and for his
Tryall, put himself upon his Countrey; and the Issue being joyned,
there was immediately impaneled a Jury of Gentlemen of worth and
quality to p[unr]sse upon his Life and Death; he challenged severall of
them; and twelve being sworn (with his own consent) His Highness
Atterney. Generall (the Indictment being opened) proceeded to the
Evidence, which was very full and clear, and two Witnesses at the
least to all the points of the Indictment, with many aggravating Circumstances:
The particulars whereof are herein after mentioned.
The Evidence to prove the Indictment.
THat there was one Toope of his Highnesses Lifeguard who was
drawn into the business; and he proved fully, 1. What person
Sundercomb is; how he inveagled him the said Toope, with money
in hand, and promises of more, and great preferment, to joyn with him
to murther his Highnesse, saying, Spain could never obtain a Peace
with us, till he were taken out of the way. 2. The circumstances of
Time, Place, Means and manner designed for this murther. 3. That he
the said Toope, was to give notice when his Highnesse went forth; and
at what end of the Coach he sate. 4. Their buying and keeping of
Fleet Horses. 5. Their intent to fire White-Hall the Firework placed
in the Chappel; and other Circumstances. 6. Sundercombs resolution
if the Fire did not take; to kill the Protector what ever came of it.
A so one John Cecill proved the whole designe of Sundercomb and
Boyes, how long it was in hand; That Sundercomb engaged him the
said Cecill in it; what words were used, how it should he done; what
the consequence of the murder would be; the mony provided; and that
when it should have bin done, he the said Cecill was designed to go to
Col. Sexby, and to share with Sundercomb in his honor and profit. That
the first thing agreed on, was to provide good horses. What Moneys
were paid by Sundercombe; Sundercomb's resolution to assassinate his
Highnesse when he went abroad; and the manner bow. That they
were upon the Road 5, or 6 times on purpose; and in Hide-Park with
Swords and Pistols charged, and had notice given them by Toope of his
Highnesse coming. That the Hinges of Hide-Park Gate were syled
off in order to their escape. That they took an house with a Banqueting-house
at HammerSmith, to shoot him with Guns made on purpose
to carry 10. or 12. Ballets at a time. That Toope was to give notice of
his Highness passing that way; and at which end of the Coach he far
That he the said Cecil Saw one of the Guns provided, which would carry
12 Carbine bullets and a slugg. He spake fully to the designe of
fireing Whitehall; described the fire-work prepared and the nature and
intention of it, and other circumstances, Moreover, that Boyes aff[unr]