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A63179 [The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...] Hampden, John, 1656?-1696.; England and Wales. Court of King's Bench. 1685 (1685) Wing T2193; ESTC R4697 75,252 56

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not supported by credible Circumstances then indeed it would be less material yet I cannot say it would not be at all material it is material and you are to determine whether you have sufficient Evidence given you to induce you to believe That my Lord Howard is at this time Guilty of wilful and malicious Perjury for it is Perjury and that in the highest degree if it be not true that he says and God deliver all Mankind from being Guilty of any such thing I leave that to your Consciences Gentlemen who are the Judges of it But says the Kings Councel Here are Circumstances that do support our Fact and the Credibility of it For first here is the Circumstance of Aaron Smith who was sent into Scotland by Mr. Sydney in pursuance of this design and this Circumstance my Lord Howard does subjoyn to what he has positively affirmed against the Defendant And this Circumstance is a thing that may be helped by other proof and what is this Circumstance Say they That Aaron Smith was sent into Scotland and in order to prove that they have called one Sheriff who is a man that keeps an Inn at the Posthouse in New-Castle from whence Col. Sidney told my Lord Howard he had notice of his arrival at New-Castle but had heard no more of him after that And this Sheriff Swears directly I saw that man they call Aaron Smith when he was shewn to me before the King and the Council and Mr. Atterbury Swears he shew'd Aaron Smith to him and then Sheriff swears that man you shew'd to me was the Man I saw at my House at New-Castle that chimes in with the Circumstance of Fact that Mr. Sidney heard from him at New-Castle And then there is the Circumstance of time when he saw him there Says he I saw him the Friday before shrove-Shrove-tuesday which they in the North call Fasters-Even He came to my House on Thursday night and went away the next day Friday and he went with his Guide the other man Northward in order to his Journey into Scotland as he himself said Says he I remember the time very particularly it was the Friday before shrove-Shrovetuesday last this February was Twelve-month and he went yet further says he I did not only see him when he went away but when he came back again for he left his man at my House all the time and he tells you what his name was for he says Smith went under the disguised name of one Clarke and he did then talk of going to the VVestern parts of Scotland he named Douglas as he thinks tho he is not positive in that but he is in the Person that was the man And says he I sent for this Person the other fellow Bell and he was the guide he had along with him And upon Bells Examination What says he Says he I remember that man came thither at that time to the other mans House I take it upon my Oath that is the man and he went by the name of Clarke he hired me to be his Guide I went out with him on Friday morning and I went a long with him all that day but upon Saturday which was the next day going Northward with him my Horse tired and failed me Thereupon I was forced to be left behind but I overtook him on Sunday night following I overtook him at such a place and saw him within six Miles of the Borders of Scotland I take it upon my Oath this is the man that was there under the name of Clarke and at his returning back again I took notice of him I went up to him I drank with him and we had discourse of our Journey He told me at first he was to go to the VVest of Scotland and so he went Northward After that which was about Ten or Twelve days he came back again and so went Southward towards London This he doth Swear directly to be at that time Now Gentlemen The time is wonderful material in that Case because that very time Twelve-month that they talk of is the beginning of February If you look upon your old Almanack of the last year I happen to have one in my Pocket and look upon it when the men gave their Testimony and there you will find that the Monday before Shrove-tuesday when he says he left him within six Miles of the Borders of Scotland falls out to be the 19 th of February I will look upon it again lest I should mistake 't is just so and that humors the time that my Lord Howard speaks of which was about the middle of February a few days after that he says the Money was given by Mr. Sidney and then for the time for Aaron Smith to get to New-Castle there is a fit space of time for it falls out that the Thursday that he arrived at New-Castle is the fifteenth day of February and so it falls in well with my Lord Howards Testimony and so the Monday that he parted with him at the Borders of Scotland was the 19 th which also just humours the time that he speaks of So that here is a Circumstance of Fact to confirm his Testimony both as to the sending the Messenger and the Circumstance of time That he is the same man is proved by these two Witnesses who agree in this That he was there about such a time and it does likewise humour that other Circumstance of place that Mr. Sidney said he had heard from him from New-Castle but not since and then there is the other Circumstance which backs and confirms all There was not only a sending for these Persons but there is notice taken that these Cambeles who were to be assisting in this matter were to come about the Sham and under the disguise of Purchasing Plantations in Carolina About the beginning of June they come to Town the Two Cambels Sir John Cockram and Mr. Monrow Sir Andrew Foster he tells you he met with some of the Men and they told him They came about the business of Carolina and so the Cant of Carolina is made good in this circumstance that way but when the Plot brake out these men sculk one flies one way another another some were taken as they were Escaping away by Water others of them were taken upon the Bed at Noon-day in More-fields Had the business they came over into England about been a fair and a lawful and honest Business why should they hide themselves Why should any Man sneak and sculk and be ashamed to own an honest and lawful business But this does humor and touch the thing exactly as to that circumstance That Carolina was onely a Cant for to disguise their coming over These are the onely Two Circumstances that seem to be pretty strong for them to prove and support the credibility of what their Witness has sworn For Gentlemen What a wonderful sort of Expectation would it be That we shall never Convict a man of High Treason unless you can bring
shew him the way And I sent for this Man and when he came to him he hired him to go with him and I was by L. C. J. When he first came to your house about the middle of February was twelve month Whither was he bound then Northward or Southward Mr. Sheriffe He was going to Scotland that is Northward L. C. J. And you say after he came back again and lay another Night at your house Mr. Sheriffe Yes ten or twelve days after he did L. C. J. And which way went he then Mr. Sheriffe Then he came Southwards towards London L. C. J. Did you take exact notice of the Man Mr. Sheriffe Yes I saw him before his Majesty and the Council L C. J. And upon your Oath that same man you saw there was the same man that lodged at your house in February was 12 month Mr. Sheriffe Yes it is Mr. Att. Gen. What name did he go by at your house Mr. Sheriffe He went under the name of Mr. Clerke but what his Sirname was I can't tell L. C. J. Had he a servant with him Mr. Sheriffe He had a man with him that stay'd at our house during the time of his going Northward Mr. Att. Gen. What did he call his name Mr. Sheriffe Wil. Langston Mr. Att. Gen. Did he desire you to furnish him with a guide Mr. Sheriffe He told me his Servant did not know the way and his horse was a little lamish and desired me to get a guide for him For after he had dined at our house it happened to be a rainy day and he could not go further that night and therefore desired me to get him a man that knew that Countrey and I sent for this same man and he hired him and he went along with him next morning my Lord. Mr. Att. Gen. Whither was he to go Mr. Sheriffe Truly I did not know but he told me he did not know the way into Scotland and I directed him to a Gentlemans house at Jadbrough in the way Lord Ch. Just Is that the Road to Scotland Mr. Sheriffe Yes the high Road to one part of Scotland L. C. J. Did he tell you to what part or place of Scotland he was to go Mr. Sheriffe He named the West of Scotland I think he named Douglas but I do not know what place certainly he designed for Mr. At. Gen. Then where is Bell Bell Here. Mr. At. Gen. Had you a view of this man they call Aaron Smith Bell Yes I had Mr. At. Gen. Give an accompt whether you saw him in the Northand when and where Bell This man Mr. Sheriffe sent for me I live at New-Castle and there I keep Hackney Horses to serve any Gentlemen or be a Guide to them as there is occasion and Mr. Sheriffe sent for me and when I came he told me the Gentleman wanted a Guide into Scotland We immediately agreed it was upon Thursday night before that we call Easter Eve Lord Ch. Just When was it say you Bell It was the Thursday before Easters-Even so they call it with us that is Shrove-Tuesday L. C. J. Ay they call it so in those places because 't is the Even of the Fast of Ash-wednesday the beginning of Lent Well go on Bell We went away on Friday the next morning on our Journey towords Jadbrough and the 2d day which was Saturday in the afternoon my horse tired whereupon he left me with my horse and took the Mans man of the house where he left me to guide him for my horse would not ride up with him being tired and he resolving to go on and he bid me follow him on the Sunday morning to Jadbrough Town which I did and we stayed there all Sunday And on Monday morning I saw him take horse and another man that was his guide and away they went as I think he said towards Douglas he was going And he pay'd me and I returned again from him to New-Castle and left him L. C. J. Pray how far was this you say you went with him to Jadbrough how far distant is that from New-Castle Bell. To Jadbrough my Lord L. C. Just Yes Bell. 'T is Forty Miles my Lord. L. C. Just How near Scotland is it Bell. 'T is within some six Miles of the English Border L. C. Just Did you see him at any time after that Bell. I saw him at his coming back again being at Sheriffs house his Wife asked me if I would go up and see the Gentleman that I went with towards Scotland So I went up and he made me eat and drink at the Table with him Mr. Att. Gen. What Name did he go by Bell. He went by the name of Clerk Mr. Att. Gen. Was there any Servant with him Bell. There was a Man that came with him as a Servant there and was all the time at New-Castle that he was gone towards Scotland till he came back again L. C. Just Mr. Attorney Did this Man see Smith at the time the other saw him Bell. Yes I did L. C. Just And is that the Man that went by the name of Clerk at New-Castle and that you went with towards Scotland Bell. Yes It is Mr. Atterbury And when they charged him with it Aaron Smith did not deny it Mr. Att. Gen. Did you go any by-Road to get into Scotland Bell. No 't is the Road Gentlemen usually go to Jadbrough and so on because 't is something the nearer way to that part of Scotland as we judge it to be therefore Gentlemen use it Mr. Att. Gen. Is it an high-open-Road Bell. Yes 't is the high-open Way to that part of the Country Mr. Att. Gen. My Lord Howard Pray were the Names of any of the Scotch-men mentioned at your Meeting that were to be sent for L. Howard Yes There was my Lord Melvin Sir John Cockram and one Cambell Mr. Att. Gen. Now my Lord We will give you an account That as Smith went into Scotland so these persons soon after came into England Jury-Man My Lord We desire that my Lord Howard would name those Scotch-men that were to come L. Howard There was my Lord Melvin Sir John Cockram and one Cambel one that was of my Lord Argyles Name and Family and there was another Name but I can't remember what that Name was Mr. Att. Gen. We shall give you an Account my Lord That they came immediately after this to Town and at the breaking out of the Plot they Absconded L. C. Just Mr. Attorney Has my Lord Howard his Pardon Mr. Attorney Yes my Lord he has L. C. Just Then your Lordship may be covered L. Howard I can't tell but they may ask me some Questions Mr. Att. Gen. Then you may be uncovered when they ask them in the mean time your Lordship may be covered Swear Sir Andrew Foster which was done Pray Sir will you tell my Lord and the Jury what you know about the Cambell's and Sir John Cockram's being in Town Or any other Scotch-men that