That he expected the noise would be such that he should not be heard and therefore he had set down in Writing what he thought fit to leave behind him protesting his Innocency of any Designs against the King's Person or of altering the Government He then told the Sheriff that he had been Informed That Captain Walcot had spoken some things concerning his Knowledge of the Plot and therefore desired to know whether the Report were true To which the Sheriff Answered That he did not hear him so much as Name his Lordship His Loâ—â—â—hip reply'd He hop'd he did not for that to his Knowledge he had never seen or spoken with him in his Life and then in the words of a Dying Man he professed He knew nothing of a Plot either against the King's Life or Government But that he had done with the World as going to a better that he had forgave all the World heartily and thanked God he Dyed in Charity with all Men. He wiâ—hed all the Protestants might love one another and not make way for Popery by their Animosities Then kneeling his Lordship prayed to himself after which Dr. His behaviour before he lay down Tillotson kneeled down and prayed with him and then he prayed a second time by himself which being done after he had made himself ready and ordered the Executioner after he had layn down a small moment to do his Office without a Sign he layed himself down upon the Block And then it was that the Executioner missing his first stroke though with the first stroke he took away Life at two more he severed his Head from his Body which was ordered by the Sheriff to be delivered to his Lordships Friends and Servants as being given them by His Majesties favour and bounty The substance of the Paper Delivered to the Sheriff was this In the first place he bless'd God for the many Blessings which he had bestoâ—ed upon him through the whole Course of his Life That he was Born of worthy good Parents and had had the advantage of a Religious Education which for many Years had so Influenced and possâ—ssed him that he felt the effects of it in his present Extremity That as he had liv'd so he dy'd a true and sincere Protestant and He dyed a Protestant of the reformed Religion in the Communion of the Church of England though he could never yet comply with or rise up to all the heigths of some People That he had always lov'd his Country much more than his Life and never had any Design of changing the Government which he valu'd and look't upon as one of the best Governments in the World and would have suffered any Extremity rather then have consented to any Design to take away the Kings Life Neithâ—r had any Man the Impudence to propose a thing so base and barbarous to him And that he look'd upon it as a very unhappy and uneasie part of his present Condition that there should be so much as mention of so vile a Crime That for the King he wished him well and sincerely prayed for Him He prays for the King That the Protestant Religion the Peace and Safety of the Kingdom might flourish under his Government and that he in his Person might be happy both here and hereafter That as for thâ— share which he had in the prosecution of the Popish His Opinion of the Popish-Plot Plot he proceeded in it in the sincerity of his Heart as being fully convinced that there was a Conspiracy against the King the Nation and thâ— Protestant Religion That as for his present Condition he had no Repineing in his Heart at it That he freely forgave the World and those that were concern'd in taking away his Life conjuring his Friends never to think of Revenge He denyed himself privy to any Design to seize the Guards but confessed he had heard some general Discourse of that Nature at the Lord Shaftsburies but that he flâ—w out into Exclamations against it But when he came to speak of the Sentence of Death that was pass'd upon him he reflected upon the Witnesses as if they had done him wrong and spoke more undecently of the Judges the Kings Council and the Jury then became a Person under his Circumstances which did not a little offend the Soveraign Authority and justly blemish his last Exit THE Charge and Defence OF Algernoon Sidney ESQVIRE UPON the 7th of November 1683. Algernoon Col. Sidney brought to the Bar. Sidney Esq was by Writ of Habeas Corpus brought up from the Tower to the Bar of the Kings-Bench Court where after he had held up his Hand he was Charged with an Indictment of High-Treason The general Heads of his Charge were For Contriving with others to disturb the Peace of the Kingdom Conspiring and Compassing the Deposing and Death of the King and the Subversion of his Conspiring the Death of the King Government For the fulfilling and perfecting which wicked Treasons he had met several of the Conspiraters at sundry Consultations for carrying on their Trayterous Designs That he had sent Aaron Smith into Scotland to invite divers of the King's Subjects in that Kingdom Sends Aaron Smith into Scotland into the Conspiracy and to come to London to Consult of aid and assistance to be given by them That he had compos'd and written or caus'd to be made and written a certain Trayterous and Seditious Libel wherein where these Words The Power Originally in the People of England is delegated to the Parliament He meaning his present Majâ—sty is subject as a Man to the People that makes him King in as much as he is a King the Law sets a measure to that Subjection and the Parliament judges of the particular Cases thence arising He must bâ— content to submit his Interest to theirs sincâ— he is no more then any one of them in any other respect than that he is by thâ— consent of All rais'd abovâ— any other If he does not like this Condition he may renouâ—ce his Crown but if he receive it upon that Condition as all Magistraâ—es do the Power thâ—y recâ—ive and swear to perform it he must â—xpect that the performance will be exacted or revenge takâ—n by those he has betrayed And in another place these words We may therefore change oâ— take away Kings without breaking any Yoke or that is made a Yoke which ought not to be one the Injury therefore is in maâ—ing and imposing and can be none in breaking The Charge being read and Colonel Sidney urg'd to plead Guilty or Not Guilty he objected first against the Validity of the Indictment which he said was a heap of Crimes put together distinct in Nature one from another and distinguished by Law and therefore the Indictment being erroneous was not to be Answered to He added farther That there were in the Indictment some Treasons or reputed Treasons that might come within the Statute of the 13th of this King the
Comparison of His Majesties Service and Safety so they were determin'd readily to expose their Lives and Fortunes in defence of His Majesties Person His Heirs and Successors and His Government as establish'd in Church and State and particularly for the Discovering Defeating and Addresses to the same purpose from all parts of England c. Destroying all such Confederacies Associations and Attempts whatsoever London having thus led the Van was seconded by Addresses of the same Nature varying only in Style and Words but altogether the same in sence not only from all Parts of England and VVales but out of Ireland and several of his Majesties distant Plantations so that the Plot instead of doing the Harm which it intended did but rather serve to winnow and seperate the Tares and Darnel from the VVheat to shew the Rancor and Malice of some few Malecontents but the universal Loyalty of Multitudes to open the Eyes of the Deluded and to rivet his Majesty deeper into the Hearts and Affections of his Subjects THE HISTORY OF THE Charge and Defence OF Captain T. Walcott THE First of the Confederates whom Justice called to an accompt from this Bold-Conspiracy was Captain Thomas Captain Waicott brought to his Tryal VValcott who was tryed at the Old Baily Sessions upon the 12. of July 1683. He was Indited for compassing and conspiring the Death of the King the Subversion His Charge of his Government and for endeavouring and intending to raise a Rebellion and general Insurrection in the Kingdom to which he pleaded not Guilty After some Exceptions the following Jury was Sworn Nicholas Charleton Christophâ—r Pitts Robert Bedingfield John Pelling VVilliam VVinbury Thomas Seaton VVilliam Rutland Thomas Short Thâ—ophilus Man John Genew John Short Thomas Nicholas This being done and the Enditement opened by the Kings Council and the Attorney General Collonel Rumsey was called and Rumsey gives his Evidence sworn and first ordered to give an Accompt of any Rising that he had heard of who thereupon declared that about the end of October or beginning of November he was with the Lord Shaftsbury late at Night who told him that the Duke of Monmouth the Lord Russel the Lord Grey and Sir Thomas Armstrong were at one Mr Shepheards House near Lumbâ—rd-Street and therefore desired me to go and know what they had done about raising Armes aâ— Taunton upon which he went and being carried up by Mr. Shepherd he received for answer that Mr. Trenchard had failed them about the men and they could proceed no farther at that time and therefore he must be contented that he went The Lord Shaftsbury pâ—â—pares for Holland to the Lord Shaftsbury and told him what they said who thereupon prepared to be gon for Holland Being ask'd what Discourse he had thereupon with the Lord Shaftsbury and what made him believe he made Preparâ—tion to be gone He Answered That my Lord should say Thâ—re was no Dependance upon those Gentlemen that met and therefore he would leave England Then proceeding in his Evidence he declared That about a fort-night or three-weeks afterwards there was a Meeting at Mr. VVest's Chamber where was Mr. VVest A Meeting at Mr. West his Chamber Mr. Goodenough and Mr. VVade together with some-body else whose Name he did not remember for Captain VValcot was then in Holland That there it was proposed That nothing was to be done by a General Rising but that there was no surer way then to take of the King and the Duke which they could Mr. Ferguson sent for out of Holland for that purpose not carry on neither without Mr. Ferguson whereupon he was writ for into Holland and that he came out of Holland upon that Letter and Captain VValcot with him That after Mr. Ferguson's coming back out of Holland there was very suddenly a Meeting again and then it was concluded That nothing was to be effected without taking off the King and the Duke or to that purpose but that Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain VValcot was there to find out Men and they could not find out Men without which Mr. Rumbold would not undertake it But that about three or four Meetings after Captain VValcot came and was resolved at Capâ— Walcot undertakes to Fight the Guards but refuses to seize the King last to joyn in the Matter but that he would not have a hand in attacking the Coach only he would command a Party that should Charge the Guards Being ask'd after what manner it was settl'd that it should be done He Answered That there were several Parties one small Party was to have Kill'd the Postilion another to Kill the Horses Mr. Rumbold with another Party to seize the Coach and Captain VValcot the Guards Being ask'd where it was to be done He say'd at Mr. Rumbold's House near Hoddâ—sdon Being ask'd for what purpose Mr. Rumbold and those other Men were to attack the Coach He made Answer To Murder the King and the Duke Being ask'd how it was Design'd to be done He Reply'd By Blunderbusses and if they miss'd by Swords Being ask'd when this was to be done He made Answer When the King was last at New-Market the Saturday before Easter Being ask'd about what time this Resolution was taken He Answered In February last Mr. Ferguson and Mr. Walcot coming to Town upon Ash-Wednesday and then was the first Meeting that the Prisoner at the Bar came in which was at Mr. West's Chamber before the King came from New-Market So that there were several Meetings afterwards at Mr. West's Chamber to Consult whether they could raise the Number they insisted upon The Witness then added That there were Notes brought by Mr. Goodenough and Mr. Rumbold of many Names to see that they might not be deceived in the Number and that at that time Captain Walcot was there and did undertake to go to Mr. Rumbold's House and as he thought did go down to the very Place Being ask'd whether there was any Number of Men insisted upon for doing the Villany He Answered That Rumboâ—d Rumbold desires 50 Men. insisted upon Fifty Men but that Captain Walcot had no perfect Number allotted him Being asked the Reason why this was not effected when the The Assassination preveâ—â—ed by the Fire the King returning soâ—ner then expected King return'd from New-Market The Witnâ—ss Answered Because the Fire hapened which brought the King sooner home from New-Market then the Men could be got ready for that the King return'd upon Tuâ—sday whereas he was not expected till Saturday That upon Intelligence of the Fire and that the King would return upon Tuesday Mr. Ferguson who then Lodg'd in Covent-Garden sent to several to come to him to see if Men could be got ready by Tuesday but it could not be done and so it was lay'd aside for that time That after this Disappointment Mr. West Mr. Goodenough and Captain Walcot had a Meeting were it was Resolved That
difference between Killing the King and securing the Guards But it was plain That the Witnesses had sufficiently dipp'd themselves and therefore to save their own Lives they had combin'd to take away his He denyed that the VVitness made it out That he was privy He deâ—ves himself privy to Goodâ—noughs Notes to Mr. Goodenough's Notes about Raising of Men or that he knew any of them That the Meetings at his Lodging were by Colonel Rumsâ—y's Appointment of which he knew nothing and that he came among them accidentally sometimes only to hear News neither was any thing agirated there that he knew of concerning Killing the King or Levying VVar. He confessed he heard there was a Design by a great many Lords and Gentlemen and others for asserting their Liberties and Properties but that he never was in any Consultation with them or any Message to them or ever saw the Face of any of those Lords that were said to be concern'd and therefore it was improbable that he should be so far concern'd as the VVitness seem'd to represent him Being ask'd why he frequented the Company where he heard those things He Answered It was his Folly and conceiv'd it was only Misprision of Treason For it was true he had heard a great deal of what the VVitnesses had said touching an Insurrection but that he had no hand directly or indirectly in it nor did the Death of the King ever enter into his thoughts directly or indirectly And that when some Gentlemen talk'd to him of it he abominated it as a Scandalous Thing a reproach to the Protestant Religion and that his Children would bear the reproach of it But the Court told him he fail'd in his Law for though to hear of Treason accidentally or occasionally and conceal it was but Misprision yet if a Man would be at a Consult where Treason was Hatch'd and then conceal'd it he was then Guilty of Treason it self The Jury then desiring he might be ask'd what he had to say He alledges his undertaking in his Letter to be upon his intimacy with Mr. Ferguson to the Letter the Prisoner made Answer That what he promised he undertook upon his Intimacy with Mr. Ferguson by whose means he believ'd he should have an Interest with the rest That he did according to his promise give an Accompt of what he had heard but that the King was not pleas'd with him because he did not descend to particulars which he could not do in regard he had never been in their Company nor knew any thing but what he had by a private hand As for his Confession that it was his first Crime it was only as far as Misprission went having never acted or intended the Treason In the last place he produc'd one VVitness to prove when he He produces a Witness about his Gout fell ill of the Gout and how long it continu'd who said That he could not certainly tell but believ'd it was about three Months nor could he certainly tell when it began After this the King's Serjeant having summ'd up the Evidence the Lord Chief Justice gave his Charge to the Jury who after He is found Guilty about half a quarter of an Hours Consideration return'd and brought the Prisoner in Guilty THE Charge and Defence OF William Hone. UPON Friday the 19th of July William Hone having been Arraign'd the Day before and after some frivolous Evâ—sions pleaded not Guilty was brought to his Tryel for Câ—nspiring and Intâ—nding the Death of the King and the Subversion of the Government and for providing himself with Arms to that purpose To this being a second time asked according to the usual Custom whether Guilty or not Guilty he would have retracted his Plea of not Guilty and pleaded Guilty Upon Hone desires to retract his Plea and plead Guilty which being demanded by the Court whether he did confess the whole Indictment He answered Yâ—s but being asked again whether he confessed that he did conspiâ—e the Dâ—ath of the King and provide Arms to do the wicked Act He answered that he did not provide any Arms that his Deposition before Sir William Turner was true and that he was asked by Mr. Richard Goodenough to go along with him that he asked whether and then understood it was to kill the King and the Duke of York but was not told the place Which not being taken for a full Confession the Kings Serjeant desired he might be tryed So that the Jury were sworn without any Challenges Nicholas Charleton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutlâ—nd Thomas Short Theophilus Man John Jenew John Short Thomas Nicholas Which done and the Endictment opened Mr. Josias Keeling was Mr. Keeling Sworn sworn who declared that he saw the Prisoner at the Dolphin Tavern where the Arms were agreed upon That at the same time were present Mr. West Mr. Goodenough and Mr. Rumbold and that he remembred the Prisoner particularly That it was then discoursed of the Kings coming home from Newmarket the Saturday after the Fire and the several Reports of the Town concerning it That upon their hopes that the King would not return upon Munday Mr. West asked Rumbold how many Swans-quills Goose-quills and Crows-quills and what Sand and Ink he must have and that the Prisoner was by and heard all the Discourse Being asked what was meant by all that He answer'd that by Swans-quills were meant Blunderbusses by Goose-quills Muskets and by Crows-quills Pistols and by Sand and Ink Powder and Bullet That after that Meeting the Prisoner took acquaintance with him and after some time told him that he was one of those that was to Assassinate the King That after that at a He told the Witness he was put down to Assassinate the King Coffee-House in Swithins Alley the Prisoner told him that it would never be well till the Black-bird and the Gold Finch were knock'd o' th Head and that asking him what he meant by those Terms he answered the King and the Duke of York Then the Prisoner being admitted to ask the Witness any Questions he said that he own'd it as to the Black-Bird but that as to the Goldfinch he never heard a word of it till then Mr West being sworn declared that he was at the Meeting before Mr West's Testimony mentioned when Mr. Keeling came in that several things were said of Swans-quills c. but that this Man did not come in till that Discourse was over and that he was sure he did not speak of any thing of that nature before this Man in his Life That Mr. Goodenough did undertake to provide the Man and said he would try him whether he would attempt upon the Duke without the King That he asked the Prisoner whether he had seen Mr. Goodenough Who answered that he had and that he had spoke to him about a little Job for the Duke and that Mr. Goodenough said he had spoken to him fully about
the thing That he saw him often in the Company of Manning who was design'd to be another of the Aslassinaters That being once at his Chamber the Prisoner said to him Master shall we do nothing adding that if the Duke of M. would be but true and appear he would bring 50 or 60 honest Men of the other side of the Water who would do the business That upon asking him what business he answered either a Brisk Push vvhich the Witness took for an Insurrection or the two Brothers That upon asking him what two Brothers he meant He reply'd the Captain and Lieutenant which were the Terms they us'd since the Van Herring was Printed Here Mr. VVest put in that he thought the Prisoner was a good honest Fellow before that time but that he thought he was deluded by Goodenough Upon which the Lord Chief Justice ask'd him whether he came to justifie those things Mr. West reply'd that he had been basely deluded and that he was sorry for the poor Fellow Which caus'd the Lord Chief Justice to tell him that it was an unusual thing for men in his Condition to use such Expressions in such a Case And being afterwards told by the Kings Serjeant that he found him not worthy the Mercy the King had shewn him then Mr. West reply'd that it was a word he put from him unawares Then Sir Nicholas Butler being sworn declared That he had Sir Nicholas Butler proves the Prisoner always ready for such evil designâ— known the Prisoner for many Years and had always known him Guilty of Plotting and Contriving and upon all occasions ready to embrace any thing for those purposes laid to his Charge Particularly that when Sir Francis Chaplain was Lord Mayor and that the King stood at Mr. Waldo's the Angel being much shaken the Prisoner came to his House and told him that now they had a fair Opporâ—unity to take off the King and the Duke at once to which purpose there were to be half a dozen with Cross-Bows who would go into the Steeple where there was a Window just opposite to the Balconey That thereupon he went to the King and the Duke of York and gave them this accompt and desired them to set some to watch the Place and to search if any were got into the Steeple before they came That one Horsel was appointed to watch them accordingly but none came And that when he was examined before the King the Prisoner confessed all those things Captain Richaâ—dson being sworn gave evidence That he went along with Sir Nicholas when he examined the Prisoner as to this thing Who then said that Mr. Goodenough came to him and told him he wanted Lâ—boâ—rers That Mr Goodenough told He agrees with Goodenough to kill the King and the Duke of York him it was to kill the King and the Duke of York and that he confessâ—d he did agree to be one of the Persons would undertake it and that Goodenough promised him Twenty Pound to buy him an Horse and Arms. That he confessed the business of Rye which place he did not know but said it was the place where the King was to be murder'd To all this the Prisoner said little or nothing only that he did not know the place where nor when it was proposed about the Rye and that he was drawn into it by Mr. Goodenough That as to the Cross-bows he was only told it but never designed it Being asked what Religion he professed he answered That he heard sometimes Baptists sometimes Independents and sometimes Presbyterians After a short Charge the Jury brought him in Guilty without stirring from the Bar. THE Charge and Defence OF THE Lord RUSSEL THE same Fryday Morning being the 13th of July the Lord Russel was set to the Bar within the Bar. He was charged as were the former for compassing imagining and intending the death of the King and the Subversion of the Government To this being required to plead he desired that he might have a Copy of what was laid to his Charge But the Court informing him that they could grant nothing till he had pleaded he then pleaded not Guilty Which done he told the Court that he thought no Prisoner had been Arraigned and Tryed at the same time and urged that he had been a Close Prisoner To which the Court replied that it was continually done in Crimes of this Nature and it was farther told him That he has had a great deal of Favour shewn The Court makes him sensible of the favour shewn him him already in that he had been acquainted with his Crimes and that he had had the Liberty of Counsâ—l which had not been known granted to any under his Circumstance The Prisoner alledged that he had only heard some general Questions and that he had Witnesses which he believed would not be in Town till Night and therefore thought it very hard that he could not have one day more To which it was answered that he had notice upon the Monday was a seven night before and that the Questions he was examined upon where a favour to him that he might know the matter he was charged with and therefore if the Kings Counsel did not think it fit the Court could not put off his Tryal The next thing he desired was a Copy of his Pannel to which He dâ—sireâ— a Copy of the Pannel which was proved to be delivered to his Gentleman the Lord Chief Justice replied that it had been ordered him and the Attorney General said that he had indulged him so far that he might have a Note of the Men returned The Secondaries also affirmed that they had delivered it to his Gentleman To which my Lords Gentleman made answer that he had only some Names out of a Book Whereupon my Lord insisting that he had no Pannâ—l but only some Names of Persons usually upon Juries it was told him by the Court that no other Pannel could be given him and then the Sâ—condary being ask'd affirmed that he had had the Copy of a Hundred Names Nevertheless his Lordship still urging for a Copy of the Pannel and that his Tryal might be put off till the afternoon in regard he had a Witness that was not in Town the Lord Chief Justice condescended so far as to ask the Attorney General why the Tryal might not be respited till the Afternoon But the Attorney General giving no Aâ—swer to it the Court Proceeded Then the Prisoner desired to know whether he might have Pen He is allowed Pen and Ink and two to write for him and Ink and a person allowed to write for him to which it was answered him that he might have two if he pleased Sir Andrew Foster being then called he said that his Name was not in his List but it was replyed that he was not called as one of the Jury After which the Court Proceeding to call the Jury and John The Prisoner insists upon Frâ—eholders Martin being named the
make you in the least encline to find an Innocent Man Guilty I call Heaven and Earth to Witness that I never had in my Life a Design against the Kings Life I am in your Hands so God direct you The Lord Russel having thus concluded his Defence the Kings Counsel proceeded to Sum up the Evidence after which the Lord Chief Justice delivered his Charge to the Jury and so the Court adjourned till four a Clock in the Afternoon at what time the Court being met again the Jury returned and brought in the Lord Russel Guilty of the High Treason laid to his Charge THE Charge and Defence OF John Rouse UPON Fryday in the Afternoon being the 13th John Rouse brought to his Tryal of July John Rouse who had been Arraigned and Pleaded not Guilty was again brought to the Bar. His Charge was for Conspiring the Death of the King and declaring it by Overt Acts that is endeavouring to raise Men to sieze the Tower and to make an Insurrection and Rebellion within the Kingdom Before the Jury was sworn he mov'd the Court for longer time alledging that he had had no longer notice of his Tryal then since Monday Morning and that he had had no advantage of his Notice for though notice was then given him he had no Liberty of sending for any body till Wednesday and that about eight or nine a Clock on Wednesday Night one came and told him that he should have no Liberty of Counsel unless he had it from the Court so that he had not been able to get his Witnesses ready That he desired nothing but as an English-man to which the Court replied that as an English-man he could demand no time to prepare for Tryal for they that will commit Crimes must be ready to answer for them and defend themselves That 't was matter of Fact he was charged with and therefore he could not but know long ago what he was to be tryed for for he was taken up and charged with High Treason that he might then have reasonably considered what Evidence would be against him That if he were an Innocent Person he might defend himself without Question That if he had done an ill thing the Law did not design to shelter him under any Subterfuge as to prepare Witnesses to testifie an untruth for him Here the Kings Serjeant signifyed that in regard Capt. Blague Capt. Blague to be tryed seperately from Rouse did desire not to be joyned with the other that the Kings Counsel were content that Rouse should be tryed first Thereupon after several Challenges the Jury sworn were Robert Benningfield John Pelling William Winbury Theophilus Man John Short Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kemp Ed. Raddish Ed. Kemp. The Indictment being opened by the Kings Counsel Thomas Leigh was sworn But before he could speak the Prisoner excepted against him wondring with what Confidence he could He Objects against the Evidence look him in the Face at that time The Prisoner objected against him that he was a person who was sworn against by two Persons to have a hand in the Plot and that being taken up and Conscious to himself that he was Guilty of such notorious Crimes and knowing he was pretty well acquainted with him he was afraid the Prisoner would swear against him and therefore he took the boldness to swear against him first But this was not allowed to be any Objection so that the Witness being ordered to proceed delivered his Evidence That he had been concerned in the Conspiracy and knew something of it but that he believed the Prisoner knew a great deal more That Mr. Rouse took him to the Kings-head Tavern in Swithings Alley whither after some time Mr. Goodenough came there being then a Club of Men that were of the Conspiracy That he had seen Goodenough before who had acquainted him that there was apprehension of the Rights and Liberties of the People being invaded and that it was time for them to look to themselves for Popery and Arbitrary Power were designed and therefore desired to know whither he would engage in that Affair to prevent it withal he told him the City of London and Middlesex was divided into Twenty parts That he told him his Acquaintance did not lye where he liv'd but he would get a Party where his Acquaintance lay That he acquainted Rouse and Goodenough what men he had spoke to That Mr. Goodenough told him the Design was to set up the Duke of Monmouth and Kill the King and the Duke of York but that all Parties must not know it that they were to tell some People there was like to be a Forraign Invasion and ask them what readiness they were in and if they were found to be Compliant in that then they might discourse with them about the other matter That he discoursed with several men about the Affairs That Goodenough told him that Sir John Moor was to be kill'd and the Aldermen and their Houses plundered and that there Sir Johâ— Moor and several Aldermen to be kill'd would be riches enough which would serve to maintain the Army That then he acquainted Mr. Rouse with this business but that he knew of it before and told him he could raise Arms for a hundred Men but said nothing was to be done unless the Kâ—ng were seized upon saying we might remember since 41. that the King went and set up his Standard therefore said He we will sieze them that they may not set up their Standard but withal he said he was for siezing them but not for shedding of Blood That Mr. Rouse acquainted him it was a very convenient thing to have a Ball played upon Black Heath and to that end that some Sea Captains should be spoken with and said He would engage ten A Ball to be played â—â—on Black-H 〈…〉 who should manage that Affair and he that won the Ball should The T 〈…〉 to be siez take it But that when they had so done that every Captain â—hould take his Party and tell them they had other work and â—â—en go with long-Boats and Arms and seize the Tower That he acquainted Goodenough with this who ask'd him the Charge of a Golden Ball which Mr. Rouse had told him would be ten or a dozen Pound to which Goodenough reply'd That if it were forty Pound he would be at the Charge of it all That Rouse had spoke several such Discourses to several Men at the Kings-head Tavern in his hearing That he heard he was Sworn against at the Kings-head in the Company of Rouse and Goodenough and that Rouse told him he should lye at his House That Rouse cut off his Hair and went to Mr. Batemans and fetch'd him Rouse Disguises the witness a Periwigg That Rouse and he went several times to view the Tower and took Mate Lee along with them That some time before that they had appointed to meet at Waping to speak with
the Sea Captains That in Order to this business the Prisoner met the first day at the Amsterdam-Coffee-house and as he told the Witness met with two Sea Captains that were to Officiate in the businâ—ss whom he carryed to the Angel and Crown That within an Hour and Half Rouse came to the Witness and told him he had spoken with the Sea Captains who were willing but that one was going to New Jersey and therefore the work must be done before he went That another time he appointed Mate Lee to meet at the Anchor in Wapping That the Prisoner always undertook to get ten Sea Captains and to provide Arms for a Hundred Men. That after he was Sworn against Mr. Nelthorp and Goodenough came to him at Rouse's House and bid him not be Discouraged but let the business go on and that when-ever he was taken into Custody he should deny All and it could not take away his Life Being ask'd about what time this was He Answered In June last That they never agreed upon any Method for Killing the King but they told him they had a Thousand Horse ready in the Country and Five Hundred in the City and that the King should be Kill'd coming from Windsor That they were contriving to send Arms by Night to some private place where they were to Arm themselves in the Night That some brisk men were to be sent to Windsor to know when the King came and to give Information that he might be set upon in some convenient place and that both the King and the Duke were to be taken off together That Mr. Rouse should say Take them off for thâ—n no Man can have a Commission to Fight for thâ—m The King and the Duke to be taken off both together that no body might have a Commission to fight for them The Prisoner being now at Liberty to ask the Witness what Questions he thought convenient demanded of him whether he ever spake to him of any Design against the King and the Government and whether the Witness did not begin with him first To which the Witness Answer'd That the Prisoner was the first Man that ever he heard promise that the King and the Duke might be both secur'd More then that That the Prisoner as a Traveller should say both to him and in Company That the King was Sworn both in France and Spain to bring in Arbitrary Power and that it was no Sin to take him off And farther told him He had it under his own hand The Prisoner ask'd him in what place it was where he b 〈…〉 to speak any thing of this Dâ—sign who made Answer At the Kings-head The Prisoner ask'd who was with them to which the Witness reply'd Goodenough and others The Prisoner ask'd whether he ever put the Witness upon any thing of that Naturâ— and whither he did not tell him there was a Design to over-turn the Government but he would not shed Blood The Witness Answer'd He could not be positive who discoursed the thing first but that when the business was Discours'd the Prisoner was very zealous to get ten Captains and that the Ball might be play'd and the Tower seiz'd Mate Lee being call'd Swore That the Prisoner had several Lee Sworn times treated with him to get Sâ—amen fitting to make Commanders of Ships and that being ask'd what he would do with those Sâ—ameâ— and where he would have those Ships He Answered Some of the King's Men of War that lay at Deptford and Woolwich for that the Tower and White-hall was to be secur'd or else they could dâ— nothing Mr. Thomas Corbin being Sworn depos'd That he took great care to settle a Correspondâ—nce at Oxford during the Sâ—ssions of Parliament tâ—ere That being in Compaâ—y with the Prisoner when he was ask'd what he thought of the Session the Prisoner undertook the Reply and said That he thought it would be a very short Sessions adding farther That those frequent Prorogaâ—ions and Dissolutions of Parliament should not avail him for that what-ever the King had the Parliamâ—nâ— gave hâ—m and they might take it away Upon vvhich one biding him have a care he reply'd The King had forfeited his Crown and had no more right to it then he had Mr. Richarson being Sworn depos'd That when he was first He denies his Name to the Officer seiz'd he deny'd his Name to be Rouse and said his Name was Johnson The Prisoner being call'd to his Defence instead of defending and clearing himself by Opposition of Testimony endeavour'd to retreat the Accusation upon the Wâ—tnâ—ss alledging That the Witness first Discours'd these Treasons to him which he only list'ned to to pump out the bottom of his Dâ—sign that he might Discover them The Court therefore told him That he did but invert the Witnesses Discâ—urse that he had Sworn it against him and he was not in a Capacity to Swear against the Witnesses As to his saying The King had forfeitâ—d his Crown and had no That he had been try'd for the words before more right to it then any of the Persons he spoke to he urged that it was a thing reviv'd that was out of Doors two Years since besides that they were to be explain'd by the occasion of the Discourse which was upon the Popes Power to depose Kings upon which he had only said That if the Pope had any such Power then the Crown of England was as much his as any other Mans. As to his saying the Parliament might take it away he deny'd He denies he said the Parliament might take away the Kings Crown that ever he utter'd any such words Being told that was not the Crime which was lay'd to his Charge but his Designing and Conspiring to secure the King seize the Tower and cause a Rebâ—llion within the Kingdom all he had to say was That he declared in the presence of God before whom he stood That it never enter'd into his Heart So that after the Lord Chiâ—f Justice had in few words sum'd up the Evidence and He is found Guilty the Dâ—ficiency of the Prisoners Dâ—fence the Jury brought him in Guilty without stirring from the Bar. THE Charge and Defence OF Cpt. William Blague WHO being set to the Bar next after Rouse Cpt. Blague Tryed upon the same Frydâ—y July the 13th was Charg'd with Compassiâ—g the Death of the King and Conspiring with one Rousâ— and several others to seize the Towâ—r and to provide Aâ—ms in order to a Rebellion The Prisoner made no Challâ—nges and so the same Jury that had He makes no Challenges pass'd upon Rouse was again Sworn upon him The first Witnâ—ss call'd was Leigh who Swore That the Prisoner in Discourse with himself and Goodenough at the Kings-head Taven near Chancery-Lane how to seize the Toâ—er he told them that the only way was to do it with Morter-Pieces that he would venture his own Ship and provide two Hundred Men. That he caution'd the Witness not to
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 piâ—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 sidâ— 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 businâ—ss with Mr. Rouse was to procure him a sum of Money as being a Brokâ—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 Discâ—urs'd with Goodenough about any Publick Affairs or any thing tâ—nding to the Publick Disturbance he was no Châ—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 Tâ—wer And that upon farther Discourse and a Supposition that the French should take that then the Prisâ—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 Vessâ—l was but a Pink that would not hold a 100 Men Women That his Vessel waâ— but a Pink that would noâ— hold a 100 Men. and Children And for the Arms he bought he bought them with the Ship for his Defâ—nce at Sea four Blundâ—rbusses two Javâ—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 nâ—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 Mâ—te Lee was ask'd on the Prisoner's behalf Whether The Witness denies he knew of any Provision madâ— 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. Lâ—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 Obsâ—rvations the Captain made upon it The Juâ—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 Prisoâ—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 Capâ—ain ever since he had been Ship'd and was in his pay before he had the Ship in his Possâ—ssion The Surgeon declar'd That he had belong'd to the Ship seven The Prisoner's Witnessâ—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 Defeâ—ce the Lord Chief Justice sum'd up the Evidence to the Juâ—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 Sentenâ—e of Dâ—aâ—h should nâ—t pass against him according to the Law desir'd to hear his Indictment read in English the which being granâ—ed the Clark of the Crown read on till he came to the Words of Conspiring the Death of thâ— 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 Vâ—rdict whether the But his Objections are held Insufficient Evidâ—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 Vâ—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 Sidnâ—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 Statuâ—e did not touch him and desired to know what the Witnâ—sses had Sworn against him upon that Point the Lord Chief Justice told him repeating the Attâ—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 Nâ—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 Closâ—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 Selectâ—d Council That if they were not Selected but Erected themselves into a Cabal then they had either Confidâ—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 â—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 pâ—rsues his Argument for the necessity
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 â—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 Devidâ—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 Toâ—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 eâ—er any Man could say he ever publishâ— a Shâ—et in his Life he would submit to punishment Then he ask'd what Concatâ—nation those Papers could have with His Plea as to