Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	aaron_n	business_n	law_n	16	3	5.0265	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43957	The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.	Turner, John, b. 1649 or 50.	1684 (1684)	Wing H2190B; Wing T3309_CANCELLED; ESTC R41849	81,748	75

any Man living That he told him moreover That there were certain Persons of Quality whom he was very much concern'd for that they should be so much reflected upon or troubl'd and condol'd their Condition very much both before and after That upon Discourse at another time which he had omitted at the Lord Russels Tryal by reason of the reproof that was accidentally given him upon Discourse of the Plot the Lord Howard assur'd him That it was certainly a Sham even to his knowledge too black for any Minister of publick Employment to have devis'd but that it was forg'd by People in the Dark such as Jesuits and Papists and that it was in his Conscience That thereupon he adviz'd him to make an Address to the King under his hand to testify his abhorrency of the Thing Then being ask'd by his Lordship to whom he should apply himself he pitch'd upon the Lord Hallifax and going to him told him that the Lord Howard was willing to set it under his hand his detestation of the Plot and that there was no such thing to his knowledge but that upon the Lord Russels being taken the thing was laid aside Mr. Blake declar'd That about six Weeks since the Lord Howard Of Mr. Blake sent for him to come and see him That he went upon Discourse of News he told the Lord Howard That he heard no body had their Pardon but he that first Discover'd the Plot to which the Lord Howard Answered No but that he had a Warrant for it and that he had their Word and Honour for it but he would do nothing in it till he had farther Orders That he heard nothing of it and could Ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over Grace Tracey declar'd That the Lord Howard protested he Of Grace Tracy knew nothing of a Plot and that he was sure Colonel Sidney knew nothing of it And farther added That if he had known any thing of it he must needs have known of it for that he knew as much of his Concerns as any one in the World and took God to Witness of his Protestation Elizabeth Penwick declared That the Lord Howard ask'd for Of Elizabeth Penwick him and they said he was taken away by a Man to the Tower for a Plot upon which he took God to Witness that he knew nothing of it neither did the Colonel but said it was only Malice desiring withal that the Colonels Plate might be sent to his House to be secur'd Then one Mr. Wharton stood up and offer'd to the Court that Mr. Wharton offers to imitate the hand if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which Then the Prisoner proceeding to his Defence set forth That The Prisoner proceeds in his defence He argues upon the Statute of the 25th of Edward the 3d. there was a large Complication of Crimes laid to his Charge That he understood they were under the Statute of the 25th of Edward the 3d. That the Statute had two Branches one relating to War the other to the Person of the King That that which related to the Person of the King made the Conspiring Imagining and Compassing the Death of the King to be Criminal That the Branch concerning War was not so unless it were levy'd That he could not imagin to which of the two they referr'd his Crime For that to say that a Man did meet to Conspire the Kings Death and for him that gave the Accompt of the business not to say one word of it seem'd extravagant For that Conspiracies had always their Denomination from that Point to which they tended That the King had two Capacities Natural and Politick that the Politick could not be within the Statute for in that sense he never dy'd so it was absur'd to say it should be a fault to Kill the King who never dy'd That then it must be understood in the Natural Sense which was to be done either by Sword Pistol or other violent way So that if there were not one word of this then it was utterly at an end though the Witness had been good That as to the Point of Levying War it was made Treason so it He argues as to the Point of Levying War were prov'd by an Overt Act but that there never was an Overt Act or could be pretended in his Case So that if the War were not Levy'd it was not within the Act. Therefore in his Case it was imply'd it was first imagin'd that he intended to raise a War and then it was imagin'd that that War should tend to the Destruction of the King which though it might follow was neither Natural or Necessary and so could not be so understood by the Law That therefore it was two distinct things to make War and ●o endeavour to kill the King and that as there was no manner of pretence that he should endeavour to Kill the King directly so it could not be by Inference because it was Treason under another Species Upon which he cited the Lord Colce who says it is the Overthrow of Justice to confound Membra Devid●ntia From whence he argu'd That if the making of War could not be understood to be a Conspiring the Death of the King that then he was not Guilty of the Indictment but in his Case there was neither Conspiring the Death of the King nor making War nor Conspiring to make War besides that the Law required two Witnesses That as to the business of Aaron Smith the Lord Howard told The business of Aaron Smith conjecturally and implecitely Sworn it so imperfectly and so meerly conjecturally that there was nothing in it but his Rhetoric to set it out for that he never told by whom it was Writ nor what was in it or whether it were delivered or no. And whereas it was urg'd that the Scotch Gentlemen came to To●n he professed he never heard of their Names till they were named to him in the Tower That as to the Papers if any thing were to be made of them His Plea in reference to the Papers they were to produce the whole for that it was impossible to make any thing of a part of them But though some Papers were found in his Study though it were a Question whether they were found there or no or whether they were not Counterfeit yet the hand was such as shew'd they had been Written many Years He then put it to the Court by way of Question If any body had found Papers in his own hand or anothers that were not justifyable whether that were Treason whether that imagin'd the Death of the King And if e●er any Man could say he ever publish● a Sh●et in his Life he would submit to punishment Then he ask'd what Concat●nation those Papers could have with His Plea as to

but that it must be the Jury Thereupon the Attorney General demanding Judgment the Recorder pass'd Sente●ce according to the Law Walcot had nothing to say But that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse pretended there was a vast difference between the Indictment which was for Words and Discourses that pass'd the 2d of March and that the Oaths Sworn were that the words were not spoken then but the last of June but had nothing more to say Thereupon Judgment was given against all three as against the Lord Russel Upon the same day that the Lord Russel was tryed the Earl The Earl of Essex kills himself in the Tower of Essex killed himself in the Tower The next day the Coroner sat upon him and the Verdict of the Coron●rs Jury was That Arthur Earl of Essex did give himself a Mortal Wound with a Razor by cutting his Throat from the one Jugular to the other and through the Windpipe and Gullet to the very Vertebras of his Neck and that he did Feloniously and Voluntarily Murther himself Upon Fryday the 20th of July Walcot was drawn to Tyburn Walcot Hone and Rouse carryed to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart at what time the Dean of Rippon Dr. Cartwright and the Ordinary of N●wgate undertaking to perform the last Office of Ministers to Persons in their Conditions admonish'd them to make an ingenious Discovery of what they knew touching the Conspiracy and Treasons for which they were then to suffer Walcot replied he had some Papers in his Pocket of what he had prepared to say in Writing and there desired they might be pulled out and he would read them Then looking upon his Paper he read a long Harangue wherein Walcot reads his Speech he first gave an accompt of his Faith and Religion his hope of Salvation by the Merits of Christ and his belief of the Scriptures to be the Rule of Faith and Method of Worshipping God As to the occasion of his Death he confessed himself to be so He Confesses himself guilty of being at several Meetings unfortunate and as unhappy to be invited by Collonel Rumsey to some Meetings where some things were discoursed of in order to the asserting the Liberties and Properties of the Subject and that while he lay ill of the Gout Mr. West came frequently to visit him and that his discourse was still of Lopping the Sparks That tho he had deserved to dye by the Law and that the King might justly put him to death for being in those Meetings where And that he had deserved Death by the Law a War was Debated yet he thought those men were Guilty of his Blood that were as deep as he and had betrayed him and taken his Life away He desired his Friends to be wary how they heard any Man speak or spoke themselves for there was no such thing as Faith in Man to Man He forgave all the World especially Mr Shepheard who as He said promised to carry him into Holland but instead of that brought him into the Condition wherein he then was He averred in the presence of God that he knew of no English He knew no Protestant in Ireland guilty of any Plot. Man or Protestant in Ireland that was engaged in the Conspiracy He said he could not excuse the Witnesses for aggravating things against him and making them worse then really they were To which when the Doctor was about to Reply Pray Sir give me leave said he for a Man to Invite a Man to a Meeting to Importune a Man to a Meeting to be perpetually Solliciting him and then to deliver him up to be hang'd as they had done Him He confessed he was present at many Meetings but that there were several Meetings wherein the Business of the Kings Life was never spoke of for he said they were for asserting the Liberties and Properties of the People And being press'd to explain that he said they were under general Apprehensions and so were the Lords that were likely to suffer of Popery and Slaveries coming in Upon the whole being told by the Dr. that he had confess'd himself Guilty enough to take away his Life He reply'd That he was so And being farther told that to say he could not forgive the Witnesses he at length said he did forgive them and pray'd God to forgive them Nevertheless soon after his Execution there was a Paper Printed A Paper printed in his Name after his Execution reflecting upon the Evidence which was said to be Written by Captain Walcot in Newgate and delivered to his Son before his Execution little differing from his Speech at the Gallows wherein he seem'd to complain of the Evidence and endeavour'd to deny his undertaking to charge the Guards while others did the business But in Answer to this Mr. West published another Paper maintaining and asserting Answer'd by Mr. VVest to publick satisfaction the Truth of his Testimony particularly as to his intention to charge the Guards declaring He had omitted an Expression of the Captains upon that Subject which he let slip in the multitude of particulars he delivered at the Tryal That he should say He look'd upon the Action to be so lawful and justifiable that he could Dye in it with a safe Conscience And that whereas he tax'd the Witnesses for Swearing him out of his Life to save their own it appear'd by his Letter to the S●cretary that he would gladly have sav'd his own so and desired to have made the Duke of Monmouth and other Pers●ns of Quali●ies Blood to use his own Phrase the price of his own Life Observing very well at last that he did not think fit to express in his Paper any S●nse of his Guilt or Repentance for it but rather seem'd to retain his Old Opinion of its being a Lawful thing That he only blam'd his own Credulity and advis'd his Friends only against trusting Men not against his Crime As for Hone he acknowledged himself Guilty of the Crime according Hone acknowledges himself guilty to the Law of the Land and the Law of God Rouse made a long Speech not much to the purpose as being only a Repetition of what was done in Court However at length Rouse acknowledges himself guilty he acknowledged himself Guilty of concelaing and maintaining Trayterous Correspondency and that it was just in God in the first place and righteous and just with the King in the second place that he Dyed The next day being Saturday the Lord Russel having taken leave The Lord Russel carryed to a Scaffold erected in Lincolns-Inn-Fields of his Lady the Lord Cavendish and several others of his Friends at N●wgate took Coach with Dr. T●ll●tson and Dr. Burnet who accompanyed him to the Scaffold Built in Lincolns-Inn-Fields whether being come after a short pause he told the Sheriff

Attorney General said He had only one piece of Evidence to give more That he was one of the Accomplices of the Lord Russel and therefore he would give in Evidence his Conviction To which purpose the Lord Howard was ask'd Whether he was not Sworn as a Witness at the Tryal of the Lord Russel who Ansering Yes The next Question was Whether in those debates there were any Reflections upon the King that he Reflections upon the Kings Misgovernment particularly for imposing upon the City had broken his Duty to which the Lord Howard Answered Not personally upon the King but upon his Misgovernment and principally that which they thought was the general disgust of the Nation their imposing upon the City at that time which was the thing then complain'd of and look'd upon as the chief Grievance Then the Copy of the Conviction being Sworn by Mr. T to be a true Copy examin'd by the Original was read Here the Attorney General rested unless the Jury desired to hear the Words of the Libel read again which they did not So that Colonel Sidn●y being now free to make his Defence desired The Prisoner desires to know upon what Statute he was Indicted Is Answered upon the 25th of Edward the 3d. in the first place to know upon what Statute he was Indicted to which it was Answered by the Attorney General that he was Indicted upon the Statute of the 25th of Edward the 3d. The Prisoner desired to know upon what Branch of the Statute It was reply'd Upon the first Branch for Conspiring and Compassing the Death of the King To which the Prisoner reply'd That then he conceiv'd that what came not within that Statu●e did not touch him and desired to know what the Witn●sses had Sworn against him upon that Point the Lord Chief Justice told him repeating the Att●rney Generals Words That he was Indicted upon the Statute of the 25th of Edward the 3d. which makes it High-Treason to Conspire the Death of the King and that the Overt Act was sufficiently set forth in the Indictment the Question was Whether 't were prov'd To which the Prisoner pleaded That they had prov'd a Paper found in his Study of Caligula and N●ro and ask'd whether that He puts a Question as to his Paper were Compassing the Death of the King The Lord Chief Justice reply'd He should tell the Jury that Aswered by the Court. and told them that the Point in Law they were to receive from the Court but whether there were Fact sufficient was their Duty to consider Then Colonel Sidney undertook his Defence saying That since he was Indicted upon that Statute he was not to take notice of any other That he was Indicted for Conspiring the Death of the King because such a Paper was found in his Study That under favour he thought that would be nothing to him For that tho Sir Phillip Lloyd did ask him whether he would put his Seal to it He did not ask him till he had been in his Clos●t and he did not know what he had put in and therefore he told him he would not do it That then came the Gentlemen upon similitude of Hands to which he Answered That it was well known what similitude of Hands was in this Age. That a Person came to him He denies the similitude of hands to be a good proof and told him but about two days before that one came to him and offer'd him to counterfeit any hand he should shew him in half an Hour and therefore he had nothing to say to those Papers Then for Point of Witness that he could not be Indicted much He alledges two Witnesses to the branch to which the Treason relates less Tryed or Condemned upon the 25th of Edward the 3d. for that by that Act there must be two Witnesses to that very Branch to which the Treason relates which must be distinguished For the Levying of War and Conspiring the Death of the King are two different things distinct in Nature and Reason and so distinguished in the Statute and therefore the Conspiring the Death of the King was Treason the other not That the 1st of Edward the 8th 12th and 5th Edw. 6. 11. did expressly say there must be two Witnesses in either of those Acts. That then there was the Lord Howard who only spoke of six Men whom he call'd a Select Council and yet Selected by no Person in the World He desir'd to know Who Selected the Lord Howard or who Selected Him That if they were Selected by no Body it was a Bull to say they were a Select●d Council That if they were not Selected but Erected themselves into a Cabal then they had either Confid●nce in one another or found they were ne're able to assist one another in the Design But there was nothing of all that for that those six Men were Strangers one to another That for his part he never spake with the Duke of Monmouth but three times in his Life and that one time was when ●he Lord Howard brought him to the Prisoners House and couzen'd them both by telling the Duke that the Prisoner had invited him and the Prisoner that the Duke invited himself and neither true Now that such Men as those were hardly knowing one another should presently fall into a great and intimate Friendship and trust and management of such businesses as those were was a thing utterly improbable unless they were mad That he found in the Lord Howards Deposition against the Lord Russel That they were in Prosecution of the Earl of Shaftsbury's Design and yet acknowledged that the Duke of Monmouth said he was mad and that he himself said so too That therefore should they have joyned with four more in the Prosecution of the Design of a mad-Man they must be mad too Only whether the Lord Howard would have it thought he was mad because a mad-Man could not be Guilty of Treason he could not tell That the Lord Howard in his last Deposition had fix'd the two Meetings one about the middle of January and the other ten days after but that now he had fix'd the one to be the latter end of January and the other about the middle of February and that then he made it to be the Prosecution of the Lord Shaftsbury's Design but he did not find that any one there had any thing to do with the Lord Shaftsbury that for his part he had not neither had he seen his Face in two Years Then the next thing that he went upon was That The Lord Howard but one Witness what ever the Lord Howard were he was but one Witness That the Law of God and Man requir'd two Witnesses So that for one to come and speak of an Imaginary Council another of a Libel Written no Body knew when was such a thing that never could be got over That if the Law of God were that there must be He p●rsues his Argument for the necessity