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B05867 An antidote against poison. Composed of some remarks upon the paper printed by the direction of the Lady Russel, and mentioned to have been delivered by the Lord Russel to the sheriffs at the place of his execution. Shower, Bartholomew, Sir, 1658-1701. 1683 (1683) Wing S3649; ESTC R184221 10,207 4

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AN ANTIDOTE AGAINST POISON Composed of some Remarks upon the Paper printed by the direction of the Lady Russel and mentioned to have been delivered by the Lord Russel to the Sheriffs at the place of his Execution THe Publishing of this Paper as the last Speech of a dying man cannot but surprise all Persons who were present at the Tryal of the Lord Russel to read such Reflections upon the Judges the Kings Council the Sheriffs and the Jury the Fact so untruly represented and the Offenders Innocence so strongly asserted when they can all attest to the fairness of his Trial the respectful Treating of him by the Kings Council as far as was consistent with their Duty without any strains upon the Evidence to the favourable Demeanor of the Court towards him not in the least aggravating the Crime beyond the Evidence and to the fulness of the Evidence upon the Proofs produced And therefore those who heard the Evidence must acknowledge that tlat Paper is so far from containing the whole truth of the Lord Russel's Case that what of Fact is therein infected is wholly disguised and untruly and unfaithfully set down Neither doth the Lord Russel in his Speech to the Sheriffs aver all contained in that Paper to be true nor the Paper to contain the whole truth of his Case only saith he had set down in that Paper all that he thought fit to leave behind him No doubt he might have as well said All that his faithful Confessor advised him to leave behind him For whosoever strictly peruseth the Paper will not find the Ingenuity Sincerity or plain style of a Dying Gentleman but may discover the peculiar Dialect of an Artist accustomed to shadow Truth with doubtful and ambiguous Expressions and the Paper artificially contrived and designed to gratifie a Party by a colourable asserting the Innocency of the Criminal condemned by the Law for High Treason and laying a Malitious Imputation upon the Government for an unjust Prosecution of an Innocent Person to Death Whether the Paper doth truly state the Crime upon the Fact proved for which the Lord Russel was Condemned And whether it contain any plain denial of that Fact will best appear by truly stating the Crime charged upon him by the Indictment and the Fact proved upon him at his Trial The Lord Russel with others are charged by the Indictment with High Treason for Conspiring Compassing and Imagining the Death and Destruction of the King and raising of a Rebellion within the Kingdom And the Overt Acts wherewith they are charged are their Meeting together consulting and agreeing to raise an Insurrection and Rebellion and to seize upon the Kings Guards At the Trial of Colonel Rumsey did swear that there was a General Rising intended in October and November last and that he was engaged therein And that the Earl of Shaftsbury who was likewise engaged therein in November last acquainted him that the Duke of Monmouth the Lord Gray Lord Russel Sir Thomas Armstrong and Mr. Ferguson were to meet at Mr. Shepherds house in Abchurch Lane and sent him thither with a Message to them that accordingly he went thither and found the Lord Russel and the rest there and delivered to them the Message from the Earl of Shaftsbury which was that it was high time to come to some Resolution about the Rising That answer was returned that Mr. Trenchard had assured them that in four hours time one Thousand Foot and two or three Hundred Horse should be ready at Taunton But now Master Trenchard required two or three days notice of the Rising and therefore they could not go on at present and that my Lord Shaftsbury must be contented He said the Answer was pronounced by Mr. Ferguson and the Lord Gray spoke to the same purpose And being interrogated whether the Lord Russel were so near as to hear the Message he said he was so near and could not but hear it And being asked by the Lord Russel whether he consented to the Answer he declared upon his Oath that the Lord Russel did consent And that they then treated and consulted of the General Rising And both Colonel Rumsey and Mr. Shepherd did swear That the Lord Russel and the rest did consult at Mr. Shepherds about seizing of the Kings Guards And having at a former Meeting appointed some of their Number viz the Duke of Monmouth Lord Gray and Sir Thomas Armstrong to view in what posture the Guards were they made Report to the rest there they found them very remiss in their Duties and might be easily seized Mr. Shepherd swore that their meeting at his house was not casual but appointed by themselves and that they came late in the Evening and that my Lord Russel mentioned not any private Businesse to him neither had he then any private Business with the Lord Russel But the Lord Russel pretending he came to taste some Sherry which he had bespoke of Mr. Shepherd Mr. Shepherd denied upon his Oath that the Lord Russel had bespoke an Sherry of him or mentioned any such thing then to him The Lord Howard gave in Evidence upon his Oath that there was a design of a General Rising both in October and November last and that the Earl of Shaftsbury then acquainted him he had Ten thousand brisk Boys ready And after the Departure of the Earl of Shaftsbury it was thought necessary for the preventing of Confusion and more orderly managing of the Rising that a select Council should be held for that purpose And accordingly the Duke of Monmouth the Earl of Essex the Lord Russel Colonel Sidney Mr. Hamden junlor and himself met in January last at Mr. Hamaens House in Russel street and debated certain Preliminaries to the Rising Amongst others Whether the Rising should be in London first or in the Countrey first or in both at once and the major opinion inclined to have the Rising both in London and the Country at one time That soon after they held a second Meeting at the Lord Russels house where all the last mentioned Persons were present and where they again debated of the Rising and then came to this Resolution That some Person should be sent into Scotland to invite some Persons thence from the discontented Scots to treat with them That they might be assured of what Assistance they might expect from the Scots That that matter was committed by them to the special care and conduct of Colonel Sidney And that Colonel Sidney acquainted him he had sent Aaron Smith into Scotland accordingly and that he had given him threescore Guineys to defray the charges of his Journey The Lord Howard interrogated by the Lord Russel whether he said any thing in those Debates declared upon his Oath that though his Lordship never used to speak much yet he did speak in those debates and consented to what was done This was the substance of the Evidence though delivered by the Witnesses more at large as will appear by their Depositions when they
and plain Points of Law First That Meeting and Consulting to make an Insurrection and in order thereunto to Seize upon the King's Guards which the Paper calls Stirs is not Treason within the Statute of Edward 3. Secondly That the Lord Russel's being present at the several Consults for managing the Insurrection and his part therein amounted only to Misprision of Treason and so concludes himself innocent of the Crime he stood Condemned for which was High Treason for compassing the Death and Destruction of the King by Conspiring to raise a Rebellion within the Kingdom These mistakes of the plainest points in Law are the only supports of the Lord Russel's Innocency whereby he comforted himself at his Death and may mislead others into the same Ruine To prevent which it is conceived seasonable upon this occasion to state clearly what the Law of the Land is upon these Points to the common understanding of every Subject As to the first Point The Meeting and Consulting to make an Insurrection against the King or raise a Rebellion within the Kingdom be the end thereof never so specious for Publick Good though the Rebellion be not actually raised is High Treason by the Laws of this Land It was so at Common Law by the consent of all the Books of Law that Treat of that Matter and no one Authority against it It is so since the Statute 25. Edw. 3. Cap. 2. within the first Branch of that Law against Compassing and Imagining the Death of the King The Death of the King in the Law is not restrained to the Killing of His Natural Person but extends as well to Civil Death as Natural To Conspire to Depose the King is equally High Treason with that of Killing the King So for Imprisoning of the King or seising or taking of him into the power of his Subjects or for laying any Force or Restraint upon him untill he do what his Subjects would have him These are all High Treason for compassing his Death either Natural or Civil and all Overt-Acts which declare the intent of effecting any of these Crimes as all Meetings Consultations and Argeements to rise in Rebellion and to seise upon the King's Guards which are his defence against Force and invite the aid and assistance of the King's Subjects of any other of his Kingdoms plainly are Overt-Acts of compassing the King's Death and so have been adjudged in all Times when ever such Case came into Judgement In the 2. 3. Phil. and Mar. one Constable dispersed divers Bills in the Night about the Streets in which was written That King Edward the 6 was alive and in France and at another time in Coleman street pointed to a young Man and said He was King Edward 6. These things tending only to Depose the Queen were adjudged High Treason for compassing her Death and Constable was thereupon Indicted Attainted and Executed The Case is cited in Calvins Case Co. 7. Rep. Fol. 106. 13. Eliz. Dyer 298. Doctor Story practised with the Government of Flanders to Invade the Realm with Force and declared by what means and in what manner and place the Invasion might be No Inva●●o● following it was referr'd to all the Judges to consider what Crime it was who resolv'd it to be High Treason Because an Invasion with Power could not be but of necessity it must tend to the Destruction or great Peril of the Queen 1. Jac. The Lord Cobham Conspired with Sir Walter Raleigh and other the Kings Subjects to make an Insurrection within the Realm in order to set up the Lady Arabella Steward to be Queen And to this purpose Treated with the Embassador of the Arch-Duke of Austria for procuring Money from the King of Spain and perswaded the Lady Arabella to writ Letters to the King of Spain for his assistance with Forces and Letters sent accordingly though the Insurrection did nor follow but a Discovery made before it was put in Execution The Lord Cobham and others of the Conspirators were Indicted of High Treason for Compassing the Kings Death and the several Meetings and Consultations for making the Insurrection and procuring the Invasion laid in the Indictment The Lord Cobham was Tried by his Peers Attainted and Executed The Lord Hale in his Pleas of the Crown 13. takes notice only of the overt-Overt-Act of writing the Letters to a Forraign Prince inciting an Invasion which he allows to be a sufficient overt-Overt-Act of that Treason which was laid in the Indictment for Compassing the Death of the King In the same Year of 1. Jac. the Lord Gray and other Conspirators met and consulted to make an Insurrection whereby they designed to seize the King into their power until he should grant them a Pardon for all Treasons a Toleration of the exercise of the Popish Religion and the removal of Twelve of the Privy Council and should make the Lord Gray Master of his Horse and several others of the Conspirators Lord Treasurer Lord Privy Seal and other great Officers They were Indicted for Compassing the King's Death and raising a Rebellion within the Kingdom and no other Overt-Acts laid in the Indictment but several Meetings Consultations and Agreements between the Confederates to raise a Rebellion for the purposes foresaid The Lord Gray was tried by his Peers and had Judgment to be Drawn Hanged and Quartered In Sir Henry Vanes Case Meeting and consulting about Treason were held sufficient Overt Acts. In Plunkets Case lately in the Kings Bench the Indictment was for High Treason in compassing the death of the King the Overt Acts alledged against him were Consulting to raise an Insurrection in Ireland and bringing of the French into Ireland and Collecting money in Ireland and holding Correspondencies in France for that purpose There was no proof of any design upon the Kings natural Person which was in England yet he was attainted and executed for High Treason though no Insurrection or Invasion followed so that there can be no Question at this time of day but that Meeting and Consulting to raise a Rebellion though it be not an actual levying of War within another Branch of the Satute of 25. Edw. 3. yet they are Overt-Acts of Compassing the Kings Death within the first branch of that Statute The other gross Mistake is that the Lord Russels Crime was onely Misprision of High-Treason Misprision of High Treason is the Concealment thereof by a person who had a bare knowledge of the Treason without any mixture of his consent But if the person be present at the Debates and Consultations though he say nothing if he do not immediately reveal but continues to meet and be present at their Debates he is a principal Traitour Where a Person was not present at the Debates and Resolves but is afterwards acquainted with them and give his Consent thereto it is High Treason and not a Misprision barely This was the Case of George Brooke to whom the Lord Cobham related the whole Conspiracy of setting up the Lady Arabella who consented to the same and was Indicted and Attainted as a principal Tratour in that Conspiracy Now the Lord Russel as he puts his own Case of being present at several Meetings where seizing of the Guards were treated of and horrid things spoken argues himself guilty of High Treason though he make a false Conclusion from those Premisses that 't was but Misprision But the Witnesses proving his reque●t Meetings and Consults and the last of them at his own house and his express consent to the Matters debated and agreed upon do put it beyond a Question to any man that desires not to be wilfully deceived that the Crime of the Lord Russel was not a bare Misprision of Treason but High Treason in the highest degree being to raise a Rebellion against the K●ng the Consequence whereof in all probability would have been the destruction of the King and subversion of the Government if not the desolation of the whole Kingdom I after this plain Accompt of the Lord Russels Case any persons be so hardy to think the Compiles of that P●per of greater skill in the Laws of the Land than the Reverend and Learned Judges who have judged his Crime to be High Treason the utmost comfort he can expect for his being deceived is that he shall have the like comfortable Speech prepared for him upon the like occasion FINIS EDINBURGH Reprinted by the Heir of Andrew Anderson Printer to His most Sacred Majesty 1683.