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A63227 The tryals of Thomas Walcot, William Hone, William Lord Russell, John Rous & William Blagg for high-treason for conspiring the death of the King, and raising a rebellion in this kingdom at the Sessions-House in the Old-Baily, London, on a commission of oyer and terminer held there for the city of London and county of Middlesex, on Thursday, Friday and Saturday, July 12, 13 and 14, 1683. Walcot, Thomas, d. 1683.; Hone, William, d. 1683.; Russell, William, Lord, 1639-1683.; Rouse, John, d. 1683.; Blague, William.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1683 (1683) Wing T2265; ESTC R21861 139,903 84

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Lord we can grant you nothing till you have pleaded Therefore that which is put to you now is Whether you say you are Guilty or not Guilty L. Russel My Lord I 'am not Guilty Cl. of Cr. Culprit How wilt thou be tryed L. Russel By God and my Countrey Cl. of Cr God send thee a good deliverance L. Russel My Lord I thought a Prisoner had never been arraigned and tryed at the same time I have been a close Prisoner L. Ch. J. For Crimes of this Nature My Lord we do it continually L. Russel It is hard My Lord. Mr. Att. Gen. My Lord hath no reason to complain for want of notice for since Monday seven-night he had notice of his Trial and the matters alleged against him he had notice of for Questions were put to him about this Matter he hath been fairly dealt with he hath had the liberty of Counsel to advise him there hath been no sort of Liberty denyed him which becomes any Subject to have in this Condition L. Ch. J. My Lord I do not know whether you hear Mr. Attourney He says your Lordship hath had a great deal of Favour shown you already in that you have been acquainted with the Crimes for which you are now indicted that you have had a great deal of warning given you that you have had the Liberty of Counsel which hath not been known granted to any under your Lordships Circumstances He says he doubts not but your Lordship is prepared for your Defence because you have had so much knowledg and warning of the Time and Matter for which you were to be called in question L. Russel My Lord I am much to seek I only heard some general Questions and I have Witnesses that I believe are not yet in Town nor will be I believe till Night I think it very hard I can't have one day more Mr. Attorn Gen. Munday seven-night your Lordship had notice L. Russel I did not know the matter I was charged with Mr. Attorn Gen. Yes certainly for I was with you my self my Lord and those Questions you were examined upon were a Favour to you that you might know what the matter was you were accused of L. Ch. J. My Lord without the King's Consent we can't put off the Trial if the King's Council think not fit to put it off we can't grant your Lordship's Request in this Case L. Russel I would desire a Copy of the Pannel of the Jury that I might consider of it for how else can I make any just Challenge I thought the Law had been very favourable to Men upon their Lives and therefore it had allowed People to have some little notice L. Ch. J. Hath not your Lordship had a Copy of the Pannel I think your Lordship was allowed one We gave Order your Lordship should have a Copy of the Pannel Mr. Att. G. We did indulge him so far that he might have a Note of all the Men returned L. Russel I never had a Copy of the Pannel L. Ch. J. It was the Fault of your Lordship's Servants then for I gave Order for it my self 'T is such a Favour that in regard a Man's Life lies at stake we never did deny it to my Knowledg And therefore in this Case I gave order to the Secondary to deliver a Copy I know the King did not design to be hard upon my Lord in his Tryal but that he should have as fair a Tryal as ever any Noble Person had L. Russel I pray I may have a Copy then Sir G. Jeff. If my Lord had sent his Agents and it had been refused there had been something in it Mr. Att. Gen. Secondary Normansel was with me and I gave him my Allowance tho it was not his Right L. Ch. Just. That my Lord may not be surprized what think you of giving my Lord time till the Afternoon and try some of the rest in the mean time Mr. Att. Gen. Truly my Lord if I could imagine it were possible for my Lord to have any Witnesses I should not be against it L. Russel 'T is very hard Mr. Att. Gen. Do not say so the King does not deal hardly with you but I am afraid it will appear you would have dealt more hardly with the King You would not have given the King an hours notice for saving his Life Secondary Trotman I gave my Brother Normansell a Copy of the Pannel on my side and hear that my Brother Normansell hath said that he delivered a Copy Then Secondary Normansell was sent for and the Court staied for him some time Mr. Atwood My Lord a Gentleman told me he did not know whether it was fit till he had consulted the Attorny General afterwards I had a Copy as it stood then not as it is now Mr. Attor Gen. I desire my Lord may be asked who he sent for it Lord Russel I did not send for it I inquired and they said it would be refused Mr. Attwood No the Gentleman had it with the fair Perriwig L. Ch. Just. It was delivered to your Servant or Agent what did you do with it L. Russel's Gent. Sir the Gentleman gave me out of a Book some Names Sir Geo. Jeff. What did you do with them L. Russel's Gent. I writ them down they were not perfect I did not know what they were L. Ch. Just. Sir you were to blame not to deliver it to my Lord. L. Russel's Gent. I was not bound to deliver an imperfect thing to my Lord. L. Ch. Just. Sir you should have consulted your Lords advantage so as to have delivered any thing for his good L. Russel's Gent. My Lord was in the Tower I was not admitted to my Lord. Mr. Attor Gen. Did you give it to my Lady L. Russel's Gent. Yes those Names I had my Lady had Sir Geo. Jeff. How long ago was it Mr. Attwood Tuesday or Wednesday last L. Ch. Just. To Lord Russel ' s Servant Look you Sir when had you this L. Russel I had no Pannel I will assure you delivered me I had some Names of People that they said were usually on Juries L. Ch. Just. They were the Names of the Jury L. Russel They were only the Names of them that were like to be of the Jury no other Pannel came to me L. Ch. J. My Lord there can be no other Copy given but the same that was delivered for your Lordship does know in this case any Person accused as your Lordship is may challenge 35 and therefore there is a Return generally of 3 score or 4 score and these are returned in case of your Lordships challenge When you have challenged so many as you please then the 12 men that stand after your challenge are to be of the Jury And therefore this is not like a Pannel made up by the Sheriff in ordinary Causes between Man and Man there they make a formal Pannel from which they cannot depart when that is once returned but herein Criminal Cases because of