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	lord_n	16	3	4.1561	3	false

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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

Debates That against doing it upon Several debates when to execute the design going down it was objected that the Guards were left here and there and they went together but very often they return'd apart and therefore it was not the safest way going down and besides nothing else being prepared it was resolved to be done coming back That then it was considered what Arms were to be provided which matter Mr. Rumbold undertook to manage and to procure some Blunderblusses some Carbines and some Pistols but as for other persons they were to provide every one for himself The Witness further added that he asked Mr. Ferguson what provision of Money he had made who answered that he should have Money when the Men were provided That there were several debates about the manner of Conveighance of the Arms to Rumbolds House but no Resolution taken Then it was considered how they should put the Design in Execution upon which it was proposed That one party was to fall upon the Coach-Horses a second upon the Coach and a third upon the Guards and that for Captain Walcot he would undertake nothing but the Guards Capt. Walcot would undertake nothing but the Guards Here Captain Walcot interrupted the Witness with an Interrogatory calling out what do you say Sir to which the Kings Evidence made answer with an Affirmative that the Prisoner at the Bar was at his Chamber and said that he vvas to command the Party of Horse that vvere to attack the Guards vvho vvere to lye perdue at Rumbolds House till the King just came dovvn upon them Being asked vvhere the Arms vvere to be carried He said to Rumbolds House vvho said he could keep them all private vvhere no body could see them till the time of Execution that there vvas a Gate vvhich he could shut upon the Guards to prevent their coming into the Rescue that Mr. Rumbold said he vvould bring them off and because it vvas dangerous for them to go the road vvay he vvould carry them over the Meadows and come in by Hackney Marsh But the way which the Prisoner at the Bar did most approve Walcot's way to get off when the business was done of was to retire within the Wall and there keep close till night as being a place which they could defend against any force for a days time and that this Resolution was taken at his Chamber Then the Witness recollecting himself told the Court there was one thing which he had omitted which was that in the first Discourse with Captain VValcot concerning the Insurrection in November the Prisoner at the Bar told him that the Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection and asked him if he would undertake to draw one telling him that he had made some Collect●ons toward it himself and shewed him a Paper which was a Collection of all the Passages in the Raigns of King James K. Charles the First and this King which he called Attempts to introduce Arbitrary Government and Popery taxing them with some personal Vices and concluding that the Government was Dissolved and that therefore they were free to se●●le another to which the Witness made answer that such an Untertaking required Mr. West refuses to draw a Declaration an exact Knowledge in History and that he would not undertake a thing for which he was not Competent and that hereupon Captain Walcot desired him to burn the Paper vvhich he did Being asked what Meetings there were after the disappointm●nt He answered that when the News of the Fire came they Adjourned to his Chamber and there considered what they had to do and endeavoured to put things in a posture to see if it could be done another day To which purpose as far as he could remember they met Thursday and Friday Night But because they said the King would be at home the next day the business vvas laid aside That about a day or tvvo after he met Collonel Rumsey at the The reason why the Arms were called Swans-Quills c. Dolphin Tavern at vvhat time Mr. Keeling came in that there Collonel Rumsey vvas talking of Pistols and Blunderbusses in dovvn right English That thereupon the Witn●ss admonished them that it vvas a foolish thing to talk so before Drawers vvhich vvas the occasion of calling them by the Names of Swans-quills Goose-quills and Crows-quills That the next vveek the Prisoner at the Bar Mr. Goodenough Mr. Ferguson one N●rton and one Ayliff met at the George and Vulture vvhere after some discourse of the late Disappointment the reason of vvhich vvas that they had not Arms in Readiness they agreed that Arms should be bought ten Blunderbusses Twenty or two and Twenty Inches in the Ba●rel Thirty Carbines Eighteen Inches and Thirty Cases of Pistols of Fourteen Inches That the Witn●ss vvas ordered to provide these Arms because he could be no other way serviceable to them and could have a pretence for buying them because he had a Plantation in America That he did bespeak the said Arms and pay for them but had not his money a good while after but at length was paid Fourscore and Thirteen Guneys which was something more then the Arms cost and that he believed the Money was paid by Mr. Charleton That in case the Assassination had gone on they had designed to kill the Lord Maior and the Sh●riffs as many of the Lieutenancy as they could get and the The Mayor Sheriff● c. to be killed as also the Earl of Roch●ster Lord K●●per Lord Hallifax Principal Ministers of State The Lord Rochester as being like to stand to the Duke's Interest The Lord Keeper because he had the Great Seal whom they also intended to hang upon the same Post that College was hang'd upon for his Death The Lord Hallifax as being one that profest himself of the Party before and turned from the Right side That Sir John Moore was to be kill'd as Sir John Moor. a Betrayer of the Rights and Liberties of the City that the Judges were to be flead and stuft and hung up in Westminster Hall and several of the Pentionary Parliament as Betrayers of the Rights of the People And that the Prisoner at the Bar was sometimes at these Meetings when these things were discoursed of though not so often as the rest That after the News of the Fire the Prisoner said that he beleived God shewed his Disappointment of these things and desired to have his Name concealed upon which Mr. Ferguson ask'd him why he should be ashamed saying that it was a glorious Action which he hoped to see publickly gratify'd by the Parliament and questioned not but the Prisoner would be fam'd for it and have Statues erected for him with the Title of Liberator Patriae The Witness farther added that when the Mayor and Sheriffs Papillion and Dubois designed Sheriffs and Ald. Cornish Mayor were killed they designed that Mr. Papillion and Dubois should

Lord Russel asked whether he were a Freeholder of Forty Shillings a Year saying that He thought that none were allowed but such as were Freeholders To this the Court replyed that no Pannel was made in London by Fr●eholders for that the Estates in London belonging either to the Nobility and Gentry that liv'd out of it or to Corporations London was excepted To this the Prisoner urged the Statute of the 2 of Henry 5th wherein he said it was positive that in cases of Life and Death no man should be judged but by those that have Forty Shillings a Year But the Attorney G●neral not allowing the Prisoners Exc●ption the Lord Russels Counsel were called and assigned him again by the Court Mr. Poluxfen Mr. Holt and Mr. Ward who after they had learnedly argued what they took to be the Law in that case were so fully answered by the Kings Counsel that it was adjudged by the whole Court that in case of Tr●ason Freehold was no good Cause of Callenge However it was told him he would have as g●od a Jury and better then he would have had in the Country of four pound a Year Freeholders The reason of the Law being to the end no slight Persons should be put upon the Jury where the Life or Estate of a Man comes in Question but that in the City the Persons Impannelled were Men of Substance who had a great deal to lose and therefore his Lordship had the same in Effect as if a Challenge were allowed of a Freeholder And this was the Opinion of eight of the Judges being present This Dispute being over the Jury-Men were call'd and after the Prisoner had challenged one and thirty the following persons were sworn The Jury sworn John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano William Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby The Jury being thus sworn and the Indictment opened by the Kings Counsels Collonel Rumsey was first sworn who gave in Evidence That about the latter end of October or beginning of November he was at the Lord Shaftsbury's Lodgings where he lay near Wapping and that he told him there were met at one Mr. Shepheard's House the D. of M. the Lords Russel and Grey Sir Tho. Armstrong and Mr. Ferguson That his Lordship desired him to speak to them to know what Resolution they were come to about the Rising at Taunton That he went to Mr. Shepheards who carryed him up where they were and that the Answer which was then made him was That Mr. Trenchard had fail'd them and there would be no more done in the Matter at that time for that he had promised a Thousand Foot and Three Hundred Ho●se but could not perform it and therefore that the Lord Shaftsbury must be content That Mr. Ferguson spoke most of the Answer and that as far as he remembers the Lord Grey said something to the same purpose but that the Lord Russel and the Duke of Monmouth were present and that thereupon the Lord Shaftsbury prepared to be gone Being ask'd how long he was at Mr. Shepheards He said About a Quarter of an Hour Being ask'd what Discourse happened while he was there He Answered He was not certain whether he heard it there or whether Mr. Ferguson Reported to the Earl of Shaftsbury that they had debated it there The Witness farther added That there was some Discours● by The Guards undertaken to be view'd and the Prisoner then present all the Company that was there about seeing in what posture the Guards at the Savoy and Mews were which vvas first began by Sir Thomas Armstrong and Mr. Ferguson and the business undertaken by the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong and that the Prisoner vvas there vvhen they undertook to take the vievv As to the Rising he farther added That it vvas to have been the 19th of November that it vvas determined and that he vvas The Rising to have been on the 19th of November to have gone to Bristol by the order of the Earl of Shaftsbury Being ask'd whether the Lord Russel gave his consent the Witness made Answer He did The Lord Russel being now permitted to ask the Witness what Questions he pleas'd desired to know whether he gave any Answer to the Message about the Rising The Witnes● Reply'd in the Affirmative That the Prisoner did speak about the Rising at Taunton And then being ask'd by his Lordship Whether he in particular gave his consent to the Rising he again confirmed what he had said before Mr. Shepheard being Sworn Declared That in October as far as he remembred Mr. Ferguson came to him in the Duke of Monmouths name and desired the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lords Grey and Russel Sir Thomas Armstrong Colonel Rumsey and Mr. Ferguson The Duke of Monmouth the Lord Grey and Sir Thomas Armstrong go to view the Guards That Sir Thomas Armstrong desired him that none of his Servants might come up but that they might be private That the Substance of their Discourse was How to surprize the Guards in order to which as far as he remembred the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong went one Night to the Mews to view the Guards That the next time they came to his House he heard Sir Thomas Armstrong say That the Guards were very remiss in ●h●ir places and not like Souldiers and that the thing was feasible if they had strength to do it Being ask'd whether they came in Coaches and in the Dark He Reply'd That they came in the Evening imediately one after another but he did not let them in Being ask'd whether the Prisoner were there both times He Answered Yes to the best of his remembrance Being ask'd whether there were any Coaches at his Door He A Declaration read setting forth the G●evances of the Nation Answered None that he saw Being ask'd whether he remembred any Papers read at that time He Answered upon Recollecting his Memory That there was a Paper in the Nature of a Declaration setting forth the Grievances of the Nation read by Mr. Ferguson but who was present at the Reading whether all or no he could not remember particularly he could not say the Lord Russel was there at the reading it The L. Howard being next Sworn gave a long Evidence The sum of which was after he had made a Recapitulation of several Designs of the Earl of Shaftsbury that upon the Earl of Shaftsbury's withdrawing those Persons who were concern'd began to lye under the same Apprehensions that the Earl of Shaftsbury did That they had gon too far and Communicated the Design to so many that it was unsafe to make a Retreat That therefore it being considered that so great an Affair consisting of so many nice particulars could not be managed but by some general

Discourse with his Mate such a one but that his Mate Lee was an Honest Fellow and said That he would undertake once in twenty times to dismount the five pi●ces that fac'd towards Southwark-side to which end as he told the Witness he would bring his own Ship and lay it on Southwark sid● and make up the 14 Guns he had already 24. That he ask'd Mr. Goodenough What Money was provided who Answering 4000 l. He Answered The Seamen would swallow that up presently To which Goodenough Reply'd There was more provided at any time Mate Lee Swore That as he Rode with the Captain in a Coach the Prisoner should say One of these Days we shall have a Ball to Mate Lee Sworn toss which he afterwards understood by Rouse and Lee was the Ball that was to be toss'd upon Black-Heath That the Prisoner and he one time walking about the Tower and Discoursing of seizing it his way was to scale it but that the Captain said The best way was to shoot Morter-Pieces upon Southwark-side but deny'd he could say any thing about the Ship To this the Captain in his own Defence made Answer That all his busin●ss with Mr. Rouse was to procure him a sum of Money as being a Brok●r and that his attending upon him for that purpose brought him sometimes into Goodenough's Company wherein he was frequently at one Tavern or other but that if ever he Disc●urs'd with Goodenough about any Publick Affairs or any thing t●nding to the Publick Disturbance he was no Ch●istian That as to the seizing of the Tower it was only accidental Discourse to the Water-men that Row'd him from his Ship by the Tower to whom he was saving That the place was not well fortify'd and that if any Occasion should happen that part next the Water was in more peril then any place of the T●wer And that upon farther Discourse and a Supposition that the French should take that then the Pris●ner said it was but going over-against the other side and flinging half a dozen Bambo's to them and setting them out again That for his having 200 Men it was impossible for his Vess●l was but a Pink that would not hold a 100 Men Women That his Vessel wa● but a Pink that would no● hold a 100 Men. and Children And for the Arms he bought he bought them with the Ship for his Def●nce at Sea four Blund●rbusses two Jav●lins and some few ball-Pikes That as to any bank of Money he never Discours'd it and that as to the Ball he knew no more to that very day then one who had n●ver seen a Ball. He added farther That when they fix'd the time that he was to lay his Ship against the Tower it was not in his Possession to bring thither as not having had her above three weeks to the very time of his Tryal Then M●te Lee was ask'd on the Prisoner's behalf Whether The Witness denies he knew of any Provision mad● to seize the Tower there were any Projections or Provisions made for seizing the Tower To which he Answered There was nothing of Men or Guns that he knew or heard of Being ask'd whether he had any Order from any other Persons to Discourse Captain Blague in Order to this Attempt He Answered No for that Captain Blague Mr. Rouse and Mr. L●igh were commonly together Then the Jury desir'd the Witness might be ask'd Whether the Captain knew he went to view the Tower To which the Witness Answer'd He could not be positive in that They told him they had vievv'd the Tower but he did not remember vvhat Obs●rvations the Captain made upon it The Ju●y desir'd to knovv farther Whether the Prisoner heard any thing of tossing the Ball to vvhich Mr. Lee reply'd That Mr. Rouse told him the Captain vvas acquainted vvith it but that he never Discours'd vvith the Priso●er about it himself The Prisoner then calling his Witnesses one Chappel a Carpenter Declar'd That the Vessel vvas not able to do any Service upon the Water three Weeks ago and that he had been Ship'd four Months and a half to go for New-York Wright declar'd That he had waited on the Cap●ain ever since he had been Ship'd and was in his pay before he had the Ship in his Poss●ssion The Surgeon declar'd That he had belong'd to the Ship seven The Prisoner's Witness●s declare the time how long they had belong'd to the Captain Weeks and to the Captain before he had a Ship Being ask'd by the Jury How many Guns belong'd to the Ship He Answer'd Fourteen Sahers of which four were wooden ones six above Deck and four in the Hold. The Prisoner having thus made his Defe●ce the Lord Chief Justice sum'd up the Evidence to the Ju●y who withdrawing to consider of their Verdict in a short time return'd and brought the Prisoner in Not Guilty The next day being the 14th of July the several Prisoners found Guilty of High-Treason were brought to receive Judgment And first the Lord Russel being set to the Bar and ask'd why The Lord Russel desires the Indictment may be read Senten●e of D●a●h should n●t pass against him according to the Law desir'd to hear his Indictment read in English the which being gran●ed the Clark of the Crown read on till he came to the Words of Conspiring the Death of th● King at what time the Lord Russel desiring him to hold told the Recorder That he thought he had not been Charg'd with Compassing and Conspiring the Death of the King To which the Attorny General reply'd Yes Upon which his Lordship appeal'd to the Recorder and the Court whether if all that the Witnesses had Sworn against him were true whether he were Guilty within the Statute of the 25th of Edward the 3d. they having Sworn a Conspiracy only to Levy War but no intention of Killing the King and therefore he thought Judgment was not to pass for Conspiring the Death of the King To this the Attorney General Answer'd That it was no exception Then the Recorder told him That it was an exception proper and he thought he did make it before the V●rdict whether the But his Objections are held Insufficient Evid●nce do amount to prove the Charge which is proper for the Jury to observe for if the Evidence come short of the Indictment they cannot find the Verdict But when the Jury has found it their Verdict passes for Truth and the Court is bound to go by what the Jury have found not the Evidence To which his Lordship put the Question Whether without any He moves an Arrest of Judgment Proof But it was Answer'd The Jury must be Govern'd by their Evidence His Lordship reply'd It was hard he must be Condemn'd upon a Point that there was nothing of it Sworn therefore he thought that he might legally demand an Arrest of Judgment To which the Recorder Answer'd That he hop'd his Lordship would consider it was not the Court could give a V●rdict

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

heard which seemed to contradict the Inquisition That some time after being at a Coffee-Hous● Braddon and Edwards came to him and there they began to talk and Edwards said that Braddon had been with his Child to examine him to bear Testimony about flinging the Razor out of the Window upon the Report which the Boy had made out upon which he adviz'd them to forbear talking any farther about the Matter for that it might do Braddon and Edwards both an Injury Edwards Swore that he heard the Report first from his Family Edwards's Evidence and that afterwards the Boy confirmed the Truth of it but afterwards he heard the Boy had denyed it which was after Braddon had been there to enquire concerning it Then he Swore that Braddon came to him again and that then he had got a note dictated by himself and not by the Boy which being tendered to the Boy the Boy refused to put his hand to it Upon which Mr. Braddon came again another time though he was told the Boy had deny'd it and then the Boy did set his hand to it Withal he said the Boy was us'd to tell Lyes very often which his Family told him also and that more especially to make Excuses when he played Truant The Boy being put upon his Oath with all the tenderness and The Boy upon his Oath admonitions that could be us'd Swore positively That he told his Mother and Mr. Braddon what he had Reported concerning the Razor was true at first but when his Sister bid him be sure to tell nothing but what was Truth then he said Truly it was not Truth He farther Swore That Mr. Braddon offer'd him a Paper to Sign but he would not Sign it and being ask'd the Question why he would not He Answered Because it was not true and being ask'd whether Braddon had notice of this both the Mother and Sisters all Swore That Braddon had notice that the Boy had denyed it The Boy deny'd also upon his Oath That he had ever say'd He was going to see the Lord Gerard of Brandon's Lodgings though Braddon had put it into the Paper which he made him Sign He farther Swore That Mr. Braddon came to him a second time after he had refus'd and that then it was that Mr. Brandon imposing upon him and pretending there was no harm to him but that if there were it would redound to Braddon himself he was then prevail'd upon to put his Name to that which was notoriously false Dr. Hawkins's Son of the Tower deposed That he likewise D. Hawkins his Sons Testimony played Truant that Morning that upon the Report of the Earl of Essex's having cut his Throat he went back to the Tower and was there a considerable time gaping among the People and that he saw Edwards's Boy there that he was there all the time he was there that they went out of the Tower together and that there was no such thing nor any grounds for such a Report Mr. Brathwayt who was present when Mr. Braddon was before Mr. Brathwayt the King deposed That the Boy and the Girl were fetch'd and all Persons examin'd and that after this it was told him That all that the Boy had said was false and by his Faith it was a Lye That Braddon confessed he would have got some Justices of the Peace to have examin'd the Boy and to that purpose apply'd himself to Sir Robert Clayton and Sir John Lawrence but because they would not do it privately he would not let them do it at all That the right Words of one of the Sisters being examin'd before the King to the best of his remembrance was That Braddon compell'd the Boy to Sign it Mr. Monstevens depos'd That Mr. Braddon came to him and shew'd him the Boys Information which he read and thereupon by way of caution told him That he wonder'd Sir H. Capel did not appear in a Matter of that Moment To which Braddon reply'd That Sir H. Capel was ill and could not come himself But being told that Sir H. Capel was not so ill but that he had been with the Earl of Sunderland and the King too since the Death of the Earl of Essex he made no Answer only that he did it out of the Duty he ow'd to the Memory of the Lord of Essex Sir H. Capel upon Oath declar'd That Mr. Braddon came to Sir H. Capel him to tell him he had some Discovery to make concerning the Death of the Earl of Essex to whom Sir Henry reply'd That if he had any thing of that Nature he should go to a Secretary of State Mr. Beech being Sworn deposed That when he was seiz'd in Mr. Beech's deposition the Country by the Warrant of one Mr. Aires there was found about him severel Informations of his own contriving as of Edwards's Boy of the little Girl Lodeman a L●tter from one Burgess a Pinmaker in Marleborough to the Post-Master of Froom to this effect Pray call to mind such a business of a Report of my Lord The substance of Burgess's Letter of Essex's cutting his Throat upon Fryday the 13th of July last Pray recollect your self and impart it to this Bearer In this Letter it appeared That Mr. Burgess had put it in his Letter the 6th of June but upon Mr. Braddons telling him that he had mistaken it must be the 13th the same Burges's accordingly interlin'd the 13th of July to make it humour the Story Against Mr. Speak there was no other Evidence than the Letter Speak's Letter which was taken out of Braddons Pocket in the Country directed to Sir Robert Atkins and by Mr. Brathwayt Sworn to have been own'd by Mr. Speak himself before the King and Council The substance of which was That Braddon a very Honest Gentleman the Prosecutor of the Murder of the Earl of Essex had made a considerable Discovery of it notwithstanding the hard stream he ran against That he had sent him his Man for fear he should be stabb'd or knockt in th● head in those Parts and desired Sir Robert ' s advice how he should proce●d admonishing him withal to call him by the Name of Johnson Then going on in the first Person Plural we hope said he to bring on the Earl of Essex's Murder to a Tryal before th●y can any of th●se in the Tower c. We labour under many difficulties as the Tide runs at pres●nt c. To this the chief of Mr. Speaks Defence was That he wrote the Letter at such a time at Night after he had been at the Tavern His Defence that he knew not well what he wrote That he knew nothing but what he had from Braddon and that he was no otherwise concern'd or knew any of the Matter So that the Lord Chief Justice left it to the Jury whether they believ'd he had written the Letter with a Design to have the Lye spread abroad for that then he was as guilty in every