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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

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 Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being me● and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance 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 Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his 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 Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign 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 S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only 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 antient 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 Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign 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 saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign

should be kill'd and as many of the Lieutenancy as they could get and the Principal Ministers of State My Lord Halifax and My Lord Rochester that now is and My Lord Keeper for which they gave this Reason because he had the Great Seal and My Lord Rochester as like to stand by the Dukes Interest and my Lord Hallifax as being one that had Profest himself of the Party before and turn'd from the Right side and had put the Court upon that which otherwise they would never have Acted nor had the Courage to have done As for My Lord Keeper They said they would Hang him for the Murder of Colledge and upon the same Post Colledge had hung Sir Iohn Moor was to be Kill'd and to be hung up in Guild-hall as a betrayer of the Rights and Liberties of the City And your Lordships to be Flead and stuft and hung up in Westminster-Hall and a great many of the Pentional Parliament hanged up as Betrayers of the Rights of the People L. C. J. How was this to be done to Flea them and Stuff them Mr. West Yes I understood it so Mr. Attor Gen. At these Discourses was this Gentleman present Mr. West He was not at my Chamber so often as the rest he came not there till towards the latter end but he was there sometimes when these things were discours'd of L. C. J. But you say he did at last undertake to Fight the Guards Mr. West Yes Upon the News of the Fire says he I believe God shews his disapprobation of the thing Says Mr. Ferguson I believe he reserves them for worse Punishment Mr. Walcot said He desired to have his Name conceal'd Why says Ferguson why should you be ashamed it is a glorious Action and such an Action as I hope to see Publickly gratifyed by the Parliament and question not but you will be Fam'd for it and Statues Erected for you with the Title of Liberatores Patriae Mr. S. Jefferies What is this Ferguson Mr. West He is an Independent Parson Mr. S. Jefferies He Preached excellent Gospel Mr. West Says he I have told some Non-Conformists and they desired me to forbear but says he they are silly people that do not know how to distinguish between killing a Prince for difference in Opinion about Religion and destroying a Tyrant for preservation of the Rights and Liberties of the People He said it was an action that would make all the Princes of the World tremble and teach them to use their Subjects kindly My Lord they did design at the same time when the Mayor and Sheriffs were to be kill'd that Mr. Papillon and Mr. Dubois should be forced to take the Office of Sheriffs upon them and if they would not take it they would use them as they did the other and that Sir Thomas Gold or Sir Iohn Shorter or Alderman Cornish should be set up for Lord Mayor but rather Alderman Cornish as the fitter person I asked them further what they would do with the King 's Natural Sons Says he They are good lusty Lads I think we had as good keep them for Porters and Watermen and for my Lady Ann they had as good Marry her to some Country Gentleman for a breed to keep out Foreign Pretences Mr. S. Jeffryes I perceive they left nothing unconsidered Mr. Att. Gen. Mr. West To repeat all their passages would fill a Volume but as to the continuation of the Rising and whether it was continued Mr. West I have a great many particulars but have them not in method Mr. Soll. General Answer Questions then Mr. West When Mr. Rumbold came to Town he said he saw the King come by but with six Guards and believed he could have done it with six Men if he had been provided with Arms. This is all I can say except some little D●●course which I have not time to reduce into Method About Christmas Coll. Rumsey told me there was a Design carrying on among the Lords and great Men by whom I alwaies understood the Duke of Monmouth my Lord Russel my Lord Grey Lord Howard Coll. Sidney Major Wildman Mr. Hambden for an Insurrection and that this was designed to be done about March Coll. Rumsey and I were discoursing o● it and Coll. Rumsey thought it fit to draw up some things that we should require of them to do for the People and a Paper was drawn up but my Lord Russel said they were rejected and all should be left to the Parliament And Coll. Rumsey said The Duke was inclin'd to gratify the Parliament but the Lords about him were for Great Places and they would suffer him to do nothing Mr. S. Jeffryes Now tell us about Culing Mr. West I Dined at a Tavern with Coll. Rumsey Mr. Wade Mr. Nelthrop Mr. Goodenough Capt. Walcot and Mr. Norton Mr. S. Jeffries What was your Discourse there about Mr. W●st There was no Discourse that had any particular point Mr. Sollicitor Was there nothing of Division of the City Mr. West Sir Goodenough gave some general Account but nothing was done upon it while we were there in came Mr. Keeling to speak with Mr. Goodenough and Mr. Nelthrop and in the Gazette that day was an Account of the Insurrection at Collen and Mr. Nelthrop when he came in call'd this Man Culing What is that what do you mean says he I was then writing a Letter and told him Culing in Dutch was the s●me as Keeling in English Mr. Nelthrop took me aside Says he What will you say if I and some Friends of mine deliver the City and save the Charter and no body shall know of it till it be done but s●ys he shall not I be Hang'd for it Said I Take heed what you do no body will be Hang'd for any good thing as to the Delivering of the City There was a Treaty between the Scots and our Persons of Quality here and Coll. Sidney and Major Wildman had the management of it as I understood At last they came down to some Terms They would have had 10000 l. to buy Arms and came down at last to 5000 l. and the Earl of Argyle was to Head them but when Mr. Ferguson paid me for the Arms he told me The Scots business was quite off and Wildman and Sidney haddone ill with the Scots for after they had kept them and treated with them Two or three Monrhs they broke off because the Scots would not declare for a Commonwealth the first hour and Extirpating of Monarchy and the Family of the Stuarts and that the Scots Answer was That would be to Destroy all their Interest among the Lords and Providence might orderit so as to bring it to a Commonwealth but that was a business of time When this was broke off Mr. Ferguson told me That the Duke of Monmouth was willing to speak with me and Goodenough and some others I told him I never had nor was willing to speak with him Then he said Sir Thomas Armestrong would I told him

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