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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

Att. Gen. No Sir that is the 17 th Mr. West Now after this I understood by Capt. Walcot that Mr. Ferguson had the management and conduct of the Assassination in October and that he likewise was acquainted with the Insurrection and was a great man in it I met with Mr. Ferguson and fell into discourse with him and he treated me as he always did with a long story of the miseries of Scotland and that the people were all in slavery and bondage and would be so here if they did not free themselves and says he there are two ways thought upon for it one is by a general Insurrection and that is gone off the other is a much more compendious way by killing the King and the Duke of York My Lord I told him I thought the first way was a very dangerous way that the people were in no sort of capacity to carry it on that the Government had the Navy and the Militia and this would at the best entail a long War He told me he thought the other was the best way and we went to a Tavern where Col. Rumsey and one Row and he and I went divers times They proposed to meet at my Chamber as a place of privacy and little observation My Lord when they came to my Chamber Mr. Ferguson proposed several ways of doing it One way was as the King and Duke had their private visits in St. Iames's where it was an easie thing for Sword-men to kill them There is one thing I have omitted and that was after the design of October had miscarried I think to the best of my remembrance Capt. Walcott told me there was another design of attaquing the King and the Duke at my Lord Mayors Feast in the Hall or in their return home in Pauls Church-yard or at Ludgate and Mr. Ferguson did likewise tell me the same thing but the King not dining there the thing was wholly disappointed Another way that he proposed was that they should do it as the King and Duke went down the River they should lie behind some small Ships within a Hoy or some such thing and so overrun their Barge and if that fail'd they should break a plank with their Blunderbusses and so sink them Another way was at the Playhouse and that was to be done in this manner there should be 40 or 50 men got into the Pitt with Pocket Blunderbusses or Hand Blunderbusses and Pistols and Swords and when the Musick struck up between the Acts they should fire upon the Box but this this they thought was hazardous and therefore they thought it better to do it as he came back and pitched upon Covent-Garden under Bedford-Garden Wall because there was a conveniency for a great many men to walk in the Piazza and there might be another parcel of men planted at Covent-Garden Church Porch and within the Rails where horses could not come and while the men within the Rails fired the men in the Piazza might ingage the Guards and they in the Church Porch to come down and secure them from escaping Mr. Sol. Gen. When was this time Mr. West I think it was before Mr. Ferguson went for Holland And my Lord there was another thing propos'd I think it was Colonel Rumsey did say He wonder'd that the Lords and great Men that were so fond of the thing did not raise a Purse and buy some Body an Office who should rail against the Duke of Monmouth and the Whigs and by that means get himself an opportunity of access to the King's person My Lord after these Discourses when my Lord Shaftsbury retir'd to Holland Mr. Ferguson thought fit to do so too He was afraid of a Book that he had printed and away he went and Capt. Walcott with him In the mean time I met Col. Rumsey several times and several things were offer'd but nothing resolv'd upon A little after Christmas we met at the Salutation-Tavern in Lumbard-street and there it was agreed we should send for Mr. Ferguson and there I writ a canting Letter that he should come over for his health for he was the only man that could manage the Affair When he came over there was one Meeting at the Five Bells but I came in just as they were coming away and cannot say what past there After that they came several times to my Chamber and there Mr. Ferguson Mr. Goodenough and Mr. Rumbold undertook to provide the men L. C. J. The Men for what Mr. West The Men for the Assassination That I was not concern'd in either in Person or Purse or to procure any Body for it And they did agree to do it in the going to or from Newmarket and thereupon were several Debates Whether it should be done at their Going or Coming Back Against doing it Going Down it was objected That the Guards were left here and there and they went together but very often they return apart and therefore it was not the safest way Going Down and nothing also being prepar'd so it was resolv'd to be done Coming Back Then it was consider'd what Arms should be provided Mr. Rumbold was the Man to manage that matter and was to procure some Blunderbusses some Carbines and some Pistolls but there was nothing to be prepar'd as I know of by other persons but every Man was to provide himself Several Meetings there were they brought their Notes and conferr'd together about the Men but I remember no Names but Keeling and Burton And Mr. Goodenough said he had spoke to one Hone a Joyner and I think he spake of one Manning and these are all the Names I can remember After they had conferr'd their Notes I ask'd Mr. Ferguson What provisions of Mony he had made Says he I shall have Mony when the Men are provided but not till then For said he the last time there was some Mony rais'd and put into a Man's hand who never returned it but since I understand it was paid to Mr. Goodenough And Mr. Ferguson said Mr. Goodenough call'd him Fool for returning some Mony he had and not keeping it for his own use and my Lord Shaftsbury had often complain'd of that Injustice done him The Colonel said Mr. Charlton should pay the Mony There was a further Debate How these Arms should be got down to Mr. Rumbolds It was proposed to send them down by Smithfield Carts in Chests Others to send them down by trusty Watermen who were to cover them with Oysters Others that the Men should carry them but no Resolution taken Then it was consider'd how they should get off The next thing was how they should execute this and it was propos'd That one Party was to fall upon the Coach-Horses a second upon the Coach a third upon the Guards Captain Walcott would not undertake any thing but the Guards Capt. Walcott What do you say Sir Mr. West Sir I do say you were at my Chamber and did say you were to command that Party of Horse that were

the Challenge they return either 60 or 80 And I presume your Lordship was attended with the Names delivered Sir Geo. Jeff. How many Names was delivered Mr. Atwood Above 100. L. Russel I had nothing of a Pannel delivered to me but some Names L. Ch. Just. There was never any formal Pannel delivered to any Person Accused The Copy of it is in Paper always L. Russel How can I know who to Challenge L. Ch. J. My Lord the Copy of it is in your hands your Lordship hath been deceived in this by not understanding the true Nature of these things if we were to give you a new one we could give you but such an one L. Russel I had no Paper from the true Officer L. Ch. Just. No but from your Servant Mr. Attor Gen. My Lord you will have cause to complain if they are not the same men we now shall call L. Ch. J. My Lord That Paper will guide your Lordship in your Challenges L. Russel My Lord I did not mind it I put it away My Lord with your Favour I must needs insist upon having a Pannel and that you will put it off till the Afternoon I have a Witness that is not in Town My Counsel told me it was never done or very seldome Arraigning and Trying at the same time except in case of Common Malefactors L. Ch. J. Mr. Attorney why may not this Tryal be respited till the Afternoon Mr. Attor Gen. Pray call the Jury L. Ch. J. My Lord the Kings Counsel think it not reasonable to put off the Tryal longer and we can't put it off without their Consent in this Case L. Russel My Lord 'T is hard I thought the Law had allowed a pretty deal of favour to a man when he came upon his Life How can I know to except against men that I never heard or saw one of them Cl. of Cr. You the Prisoner at the Bar those good Men that have been now called and here appear are to pass between you and our Soveraign Lord the King upon your Life or Death if you Challenge any of them you must speak as they come to the Book to be Sworn before they are Sworn L. Russel My Lord may not I have the use of Pen Ink and Paper Court Yes my Lord. L. Russel My Lord may I make use of any Papers I have L. Ch. Just. Yes by all means L. Russel May I have some body write to help my memory Mr. Att. Gen. Yes a Servant L. Ch. Just. Any of your Servants shall assist you in writing any thing you please for you L. Russel My Wife is here my Lord to do it L. Ch. Just. If my Lady please to give her self the trouble Mr. Att. Gen. My Lord you may have two Persons to write for you if you please L. Russel My Lord here hath been a name read that I never saw in the List of the Jury I had I heard Sir Andrew Foster called L. Ch. Just. He is not called to be of the Jury Cl. of Cr. Call Iohn Martin He appears L. Russel Are you a Freeholder of 40 s. a year I hope none are allowed in the Pannel but those that have Freeholds L. Ch. Just. There is no Pannel made in London by Freeholders we have very few Freeholders capable of being impannel'd because the Estates of the City belong much to the Nobility and Gentlemen that live abroad and to Corporations therefore in the City of London the Challenge of Freeholders is excepted L. Russel My Lord I thought it had been always so and the Law had been clear in that Case throughout England that no man ought to be tryed for his life but by those that have Freeholds My Lord I remember I read the Statute of 2 H. 5. where 't is positive that no Persons shall be Judged in cases of life and death but by those that have 40 s. a year L. Ch. Just. My Lord that Statute extends not to this Case Read the Statute Cl. of Cr. Whereas Perjury is much used in the City of London upon Persons c. L. Ch. Just. Is this the Statute your Lordship has read L. Russel This is not in the case of life and death L. Ch. Just. It is not my Lord. L. Russel That that I read is positive And if your Lordship will not allow of it I desire my Counsel may come and argue it for 't is a matter of Law and I can't argue it whether the Jury are not to be Freeholders Mr. Ser. Jefferies There is nothing mentioned in that Statute with relation to the City of London indeed but the necessity of the thing requires it Mr. Att. Gen. It will not be material 't is a collateral point for most of the Jury have Freeholds L. Ch. Just. Do you allow the Exception Mr. Att. Gen. No my Lord. L. Ch. Justice Therefore we must if my Lord stand upon it hear his Counsel My Lord we will hear your Counsel what Counsel do you desire my Lord L. Russel The Counsel that were allotted me L. Ch. Just. No you must have Counsel assigned by us The Counsel that was assigned elsewhere signifies nothing L. Russel Mr. Pollexfen Mr. Holt and Mr. Ward The said persons were called and came into Court L. Ch. Just. To the Counsel Gentlemen my Lord here desires Counsel you are here assigned as Counsel for my Lord Russel that is at the Barr 't is concerning a thing wherein he doubts the Law he would except to the Jury upon this account to the Poll because they have not Freehold within the City of London and he desires you may be assigned his Counsel to make it out that this is a cause of Challenge Mr. Att. Gen. 'T is a Case of Treason Mr. Pollexfen Mr. Ward We take it so Mr. Pollexfen My Lord Perhaps if we had more consideration of it we should speak more but if your Lordship pleases to hear us what we can say first we take it with submission at Common Law a Freehold was necessary to make a man Juryman But that which falls out in this case is the Statute of 2 H. 5. c. 3. which Statute I suppose is here in Court That Statute says this if you please I will quote the substance of it That none shall be admitted to pass upon any Inquest upon the Tryal of the death of a man except he have Lands and Tenements of the yearly value of 40 s. Now we are here I think within the words of the Statute and I take it to be no Question at all were we not in a City and County I think this would be no question upon any Tryal in any County at large The Statute does not make any exception or distinguishment between Cities and Counties at large but the words are general as I have opened them My Lord the Statute does also provide in cases of Freehold or 40 Marks Now my Lord to prove this Statute extends to London tho a City and County there are other

ought to be taken strictly it ousts the Prisoner of a Benefit and by parity of Reason if Treason be not mentioned your Lordship can't by Equity extend it to it when it only mentions inferiour Offences and takes away the benefit in lower Cases Like the Case of the Bishop of Winchester where the Statute set down D●an and Chapters and other Ecclesiastical Persons it shall not extend to Bishops because it begins with Persons of an inferiour Nature No more shall Murder and Felony extend to Treason But further the Statute only concerns Freemen for there is an express Proviso in the Case for in case any Knight or Esquire come to be Tryed in the Place he has his Benefit as before My Lord we are in this Case as in the Case not mentioned in the Statute we are not a Freeman of London My Lord there is another thing 7 H. 7. c. 5. Why there was not only requisite at the Common-Law that the Jurors had sufficient Free-hold but it was required it should be in the Hundred and Free-hold in the Wards in the City is the same with Free-hold in the Hundreds in the Country So that the want of Freehold in the Hundred was a good cause of Challenge So that I think it will hardly be denied but that a Jury that passes upon the life of a Man ought by the Law by the Statute and by the Judgment of the Parliament to have Free-hold Where is there then any Statute whatsoever that makes a difference in this Case between London and other Counties We are in the case of Treason we have taken our Exceptions and on behalf of the Prisoner at the Bar we pray the Challenge may be allowed Mr. Ward My Lord I shall be short because Mr. Pollexfen has observed these things so particularly already I observe the Statute of H. 5. is a general Statute and extends throughout the Realm Now when the thing is thus general there is no room to except particulars And in this case 't is within the very words of the Law if the words be so generally penned in the negative then we conceive there is no construction to be made upon them unless some subsequent Parliament alter it Coke's Institutes 157. where 't is said in Treason as well as any thing else upon H. 5. there shall be Freeholds If they have provided in Civil and other Criminal Causes it were strange that this should be Casus omissus but there is no construction against a negative Law For the Parliament taking care of the City of London as the subsequent Statutes say that he that hath 100 Marks shall pass in Civil Causes and then it says in Murders and Felonies and that only confined to the Freemen of the place does sufficiently explain the Law where 't is not altered by any subsequent Act therefore I desire the Challenge may be admitted Mr. Att. Gen. My Lord these Gentlemens Foundation is not good for they prove it not by any Books that at Common-Law it was requisite for a Juryman to have Freehold My Lord I deny their Foundation there is no such Law and at this day in all Criminal Cases where the Statute does not direct it as for Riots and other Informations for Misdemeanour there is no Law restrains them and they may be tryed by any men they have no exception against Then 2 H. 5. says None shall be admitted to pass upon the death of a Man I take it to extend to all Capital matters though it is pretty odly expressed for when a Man is accused of other Felonies and High Treasons 't is of the death of a man unless he have Lands or Tenements of the yearly value of 40 s. But I will take it as these Gentlemen do at this Time it not being so at Common-Law nor in other Criminal Cases but what are provided for by the Statute As to other matters of Felony and Murder no doubt there these Challenges are to be taken upon the Statute but not for Treason because the Statute of Queen Mary does expresly repeal that Statute and no Statute since takes away the force of that of Queen Mary that all Tryals for Treason shall be as at the Common-Law and according to this the constant practice in all Cities not only London where Persons have been Indicted for High Treason hath been There was never any such thing pretended Most of these Gentlemen have Freeholds but we would not have this point lost to the City of London so that the Statute they speak of and the Interpretations of the several other Statutes too are to no purpose for we say by Common-Law all Causes might be Tryed by any Persons against whom there was not sufficient Cause of Challenge and the Common-Law is by that Statute restored in this point Mr. Sol. Gen. My Lord I have little to say Mr. Attorney hath given a true Answer to it the Foundation does fail them It was not necessary at Common-Law for a Jury-man to have Freehold but then they must shew you my Lord it is altered and made necessary The Statute of H. 5. does not seem to extend to Treason but if it did 't is now out of doors by that of Queen Mary whereby all Tryals of Treason are reduced to the Common-Law This is that we answer they fail in their Foundation they do not make it out that it was necessary for a Jury-man at Common-Law to have Freehold Sir Geo. Jeff. My Lord I confess they have cited several Acts of Parliament and upon them lay their Foundation and draw Inferences from them But they will find that in several Acts of Parliament which they have quoted there is a particular regard had for the preservation of the constant Usage and Custom for Tryals within the City of London That notwithstanding several Acts of Parliament have in other places ascertained the value of Jurors yet they had still an Eye that the City of London should continue in its Usages I think it will be necessary to put you in mind of the Case of the City of Worcester It would be very hard say they because an Attaint does not lye in Criminal matters if you intend by that to have People of Ability 't is well known that the ablest People in the City of London have scarce any Freehold in it for that most of the Inheritances of the City of London remain in the Nobility and in Corporations Now in the Case of my Lord Russel he hath a peremptory Challenge to 35 and I think I may adventure to say there can scarce be 35 more that can call themselves Freeholders in London consider the Consequence then Treason should be committed in the City of London and there would not be enow in the City of London to try it In the Case of the Quo-Warranto brought against the City of Worcester to know by what Warrant several took upon them the Offices of Aldermen the Gentlemen at the Bar objected that it was reasonable that

you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly name of the Imperial Crown of this his ●●●●dom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the second day of March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an