THE TRYALS OF Thomas Walcot William Hone William Lord Russell John Rous William Blagg FOR HIGH TREASON For Conspiring The Death of the King And raising a REBELLION IN THIS KINGDOM At the Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday Friday and Saturday Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being meâ— and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which True and Faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the antient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Commâ—n Tranquility of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of November in the Year of the Reign of our Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a Miserable Slaughter amongst the Subject of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move procure and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Soverâ—ign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly name of the Imperial Crown of this his â—â—â—â—dom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the second day of March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
Lord Shaftsbury sent him to persons concerned in the Conspiracy to know in what readiness it was but they being disappointed of men whom they expected to rise in the Country they did defer it at that time at which my Lord Shaftsbury being concerned went into Holland and I think the Prisoner himself hath told you he went with him The design was not then laid aside but still carryed on the most material man Mr. Ferguson being in Holland there was some little stop put to it that is to the swift progress of it therefore he was sâ—nt for over to manage it as being the only man in whom all persons had confidence When he comes over he brings Cap. Wal. along with him Mr. Ferguson meets at Mr. Wests Chamber this Mr. West and Col. Rumsey give an account of they both swear it Several meetings there was in which Cap. Wal. was not and possibly at those times he might be sick of the Gout and that might occasion his not being there But afterwards both tell you that Cap. Walcot did meet at Mr. Wests Chamber and there was debated particularly the Assassination of the King and it was agreed to be at Rombalds house called the Rye looking upon it as a very convenient place as those that know it say there being a narrow passage that it was easie to assault and hard for persons to esape and with 40 or 50 men thereabouts it was a design very likely to have suceeded Cap. Walcots share in this was not directly the Assassination of the King that he would not be concerned in being a Soldier it was beneath him to do that but his part was to fight the Guards he looked upon that as the more honourable employment men-that were armed to ingage them This is proved both my Mr West and Col. Rumsey In the next place Gentlemen when this did not succeed but was prevented by the great Providence of God Almighty as you have heard they carry on the design still and take it into their Counsels and resolved to carry it on either at Windsor or in his passage from Windsor to Hampton-Court but no place was certainly fixed upon and I think the latter resolution was that it should be done at the Bull Feast an entertainment that was designed here in the Fields Now Gentlemen while this was carrying on it was necessary to carry on the other part too that is the Insurrection and that Cap Walcot is all along concerned in He is present at the meetings in the Taverns where they discoursed concerning raising men to secure the King This is Mr. Bournes Evidence That at the Dragon-Tavern on Snow-Hill there they met to consult to secure the King and the Duke That he was present at the meeting in London this is sworn by all by Col. Rumsey Mr. West Mr. Bourne where Goodenough was to give an account what success he had in the list made of dividing the City in several parts and raising men out of every division and Cap. Walcot met for to know what progress they had made in it Gentlemen every one of these are overt-Acts to declare his intention to kill the King and are all High-Treason The Gentleman at the Bar cannot attempt to mitigate his Offence by saying he would not directly Assassinate the King but would be the man to assist in raising Arms this make him equally Guilty To conspire to raise Arms against the King certainly that is as great a Declaration of his Imagination of his heart to kill the King as anything in the world And this being proved upon him there is no room for any Ojections for him to make some he hath made not worth the mention but because they are those he thinks fit to put his life upon I will take notice of them to you He says the Witnesses are not to be credited because they have been concerned in the same Conspiracy Gentlemen Because they have been concerned therefore they are to be believed for who should know this but thosâ— that were so concerned I think Gentlem. there is no good man no honest man would desire a better Evidence for better Evidence could not have been had unless the thing had taken success and I am sure that is far from the heart of any man that has the heart of a Christian to wish Does he pretend to intrap these Witnesses in any contradictions Does he pretend to say that these Witnesses have consulted together to make up this story to accuse him for his life There is nothing pretended of it but on the contrary he owns he met these men but the end of his going there was only to hear news I thought that had not been the proper place to hear News inicertainly no man that comes there would have been admitted meâ—rly for curiosity certainly he must bring a mind to accompany them in all their Villany but his own confession you have for that I think he hath hardly confidence to deny but he was at several Consults for raising of Arms at Mr. VVests Chamber You were when Goodenough gave an account at the Green-Dragon Tavern You were where discourses were of raising Arms to secure the King and nothing he has said Gentlemen to clear himself Gentlemen Here is that above all Evidence here is almost the Confession of the Prisoner the Letter of his own Hand That Letter when he see his Name in the Proclamation acknowledges it it is his first Crime he says what was that Crime he was proclaimed as a Traitor He says in his Letter that his Life was at the King's Mercy that if his Death would do the King more Service than his Life God's Will be done That if his Mâ—jesty would admit him to come in and use Mercy he would tell all he knew concerning England Scotland and Ireland which he thought would be more material than any thing that another Discoverer couâ—d tell This shows he hath a deeper Hand than any of these Men that have given this Evidence You see they accuse themselves they confess this and 't is a great Mercy they have so done for all your Lives and Liberties in the Person of the King are preserved and God be thanked that you are here this day to sit in Judgment upon that would have deprived you of them L. Ch. J. Look you Gentlemen of the Jury Here is the Prâ—soner at the Bar indicted of High Treason and 't is for conspiring the Death of the King and for endeavouring to raise Arms within his Kingdom against him You hear he dâ—nies himself to be Guilty you have heard the Evidence and this does plainly appear upon what you have heard that there was a dangerous and desperate Plot upon the King to have destroyed him that is most certainly plain the Prisoner himself confâ—ssed it that there were several Consults and Meetings concerning it and that this had a great Progress from time to time for near half a Year is very plain that he was at
Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
securely and you did undertake as several Witnesses say not only Mr. West but Col Romsey and another of them Bourne I think it was That you would fight the Gaurds if you might have a considerable number of men Capt. Wal. My Lord If ever I was at Mr. Romballs house unless it was when I travelled from York by Norwich and came to London if ever I was there since then I am Guilty of all the Roguery imaginable Mr. West I never heard my Lord Mr. Romball say he was there but Col. Romsey told me so Col. Roms My Lord he bought an horse and he said he did intend to go down and indeed to the best of my remembrance he did say he was down but I am not certain but he did buy an horse that cost him I think twenty pounds L. C. Just. For that purpose Col. Romsey Yes L. C. Just. Now you hear this is a little more particular than the other Col. Romsey did say before that you did agree to go down and as he believes you did go down Col. Roms I believe Mr. West may remember he bought an horse for that purpose Mr. West I remember he bought an horse for service but I can't say it was to go down thither L. C. Just. It does import you to tell us upon what account you met so often and what was your meaning in hearing these things and consulting of them and what your raising of men was for and the Declaration written for the people to please the people when this Assassination was over Capt. Wal. The Declaration Mr. West saies was in October last Mr. West I take it to be so My Lord to the best of my remembrance there was this passage saies he I believe in a month or three weeks you will be better or worse so that I measure it by that Cap. Wal. My Lord Mr. West does tell your Lordship a very long story and sometimes he names one Gentleman and sometimes another I am very fearful the Iury will be very apt to apply all to me who was the man least concerned for I had the Gout for several weeks together and Mr. West came several times to my own Lodging to see me And for that of Assassinating the King it never entred into my thoughts more or less but here are four Gentlemen who by their own Confession are sufficiently culpable they to wipe off their own stains are resolved to Swear me out of my Life L. C. J. What made you among them Mr West I do take it upon me he was there three or four times Cap. Wal. I did not stir for three weeks or a month I came to Town on Ashwednesday and then fell ill of the Gout and that continued for divers weeks for a months time that the King was at New-Market I am confident I was not out of my Chamber unless I made a shift to scramble to Stepney and dipp'd my foot in every Well of water I came by Mr. West My Lord I do remember this passage The he was afraid he should not be able to draw on his Boot because he had the Gout Cap. Wal. I desire to know my Lord when is the time Mr. West speaks of that I gave an account of killing the King at my Lord Mayors Feast Mr. West I do not charge you positively with it but I had it from you or Mr Ferguson but I must do the Prisoner justice he said he would be no way concerned in it Mr. Att. Gen. Pray Swear Mr. Blaithwaite which was done Mr. Blaithwaite pray tell my Lord and the Iury whether Capt. Walcot owned that to be his hand A Letter being then produced from Captain Walcot to Mr. Secretary Jenkinâ— Mr. Blathwait My Lord I remember when Captain Walcot was Examined before the King he did own this to be his Hand Sir Geo. Jeff. Give it in Cl. of Cr. Honoured Sir Iuly 5 th 83. L. C. J. Who is it directed to Cl. of Cr. There is no Direction Mr. Blathw It was Directed to Mr. S. Jenkins as I find by the Minutes I then took of it L. C. J. Here is the Cover it seems Cl. of the Cr. To the Right Honourable Sir Leoline Jenkins c. Honoured Sir I Being in the Country and to my great trouble seeing my self in his Majesties Proclamation I came last Night to Town resolving to lay my self at his Majesties Feet let him do with me what he pleaseth This it the first Crime I have been Guilty of since His Majestie 's Restauration and too soon by much now If his Majesty thinks my Death will do him more good than my Life God's Will and His be done Vntil I sent your Honour this Letter my Life was in my own power but now it is in the Kings to whom I do most humbly propose That if his Majesty desires it I will Discover to him all that I know relating to England Scotland or Ireland which I suppose may be something more than the Original Discoverer was able to acquaint His Majesty with especially as to Ireland There is not any thing His Majesty shall think fit to ask me but I will answer him the Truth as pertinently and as fully as I can My intimacy with a Scotch Minister through whose Hands much of the Business went I judge occasioned my knowing very much And I do further humbly Propose That â—f His Majesty thinks it advisable I will fâ—llow those Lords and Gentlemen that are fled into Holland as if I fled thither and had made my Escape also and will acquaint the King if I can find it out what Measures they resolve of taking next I do assure His Majesty the Business is laid very broad or I am misinformed And I am sure as to that particular if my being with His Majesty and your Honour be not Discovered I shall be ten times abler to serve him than either Mr. Freeman or Mr. Carr for they will trust neither of them There 's scarce any thing done at Court but is immediately talk'd all the Town over therefore if His Majesty thinks what I have presumed to propose Advisable I do then further most humbly Propose That my waiting upon His Majesty may be some time within Night that your Honour will acquaint me the Time and Place where I may wait upon you in order to it and that it may be within Night also and that no body may be by but his Majesty and your Honour And if His Majesty pleaseth to Pardon my Offences for the Time past he shall find I will approve my self very Loyal for the future if not I Resolve to give His Majesty no further Trouble but to lie at his Mercy let him do with me what he pleaseth I purpose to spend much of this Day in Westminster-Hall at least from Two of the Clock to Four I beg your Pardon I send your Honour-this by a Porter I assure your Honour it was for no other reason but because I would not have a Third
Person privy to it and that I might have the better opportunity to make good my Word to his Majesty and to approve my self Your Honours most humble Servant THO WALCOT Mr. Att. Gen. Swear Capt Richardson which was done Capt. Richardson My Lord On Sunday at Night Mr. Walcot desired to speak with me and he seemed very desirable to wait upon His Majesty and unbosom himself to the King Mr. Attorney saâ—d I should give him Notice to prepare himself for his Tryal which I did and told him He should want nothing to prepare himself for his Tryal Yesterday Morning his Son came and I sent my Clerk to stand between them and he had prepared this little Paper tyed close with a Thread which my Man told me he did intend to give his Son and he desired me since I had Discovered it I would make no use of it The Letter was to Captain Tracy that was his Land-lord to speak to Coll. Rumsey That he would be tender of him and tell him He had ground enough to serve the King upon other Men and also to speak to Mrs. West to desire the same thing of her Husband The last Words of the Note were If you cannot be private leave the Issue to God L. C. J. Mr. Walcot Have you any thing to say for your self against this plain Evidence Capt. Walcot My Lord They have taken a great deal of pains and made long Speeches though very little of them relating to me though too much Coll. Rumsey tells your Lordship of a Design they had to Assassinate the King and carrying on a War or something like it when I was out of the Kingdom That at Mr. Sheppard's House they drew up a Declaration and that upon Mr. Trenchard's saying things were not ready This was before I came into England and he says This was agreed at Mr. West's Chamber befoâ—â—â— came out of Holland That Rombald undertook it Then he says That after I came over I undertook to Charge the Guards while the King was Killing My Lord That was a very improbable thing for I look upon it that there is no difference between killing the King and securing his Guards These Gentlemen by what they have said do sufficiently convince the Court and all that hear them that they are sufficiently dipp'd themselves Here they Combine to take away my Life to save their own Then they tell you ' That Mr. Goodenough and Mr. Rombald brought Notes about Men that were to Assassinate the King but they do not tell your Lordship I was privy to any of these Notes nor that I knew any of them It 's in it self very improbable That I would ingage in so desperate an undertaking with Men I never saw nor heard of in my life Then he tells you That Mr. Ferguson had been at a place where I was there they inquired what Mr. Goodenough had done and withal they told you They met at my Lodging now that their meeting was ar'my Lodging was by Coll. Rumsey's appointment I knew nothing of it Most of these Meetings were by Coll. Rumsey's Appointment or Mr. Wests I accidentally came amongst them sometimes but all my business was only to hear News nothing was agitated concerning Killing the King or Levying of War more or less as I know of I must confess I did hear that there was a Design by a great many Lords and Gentlemen and others for Asserting of their Liberties and Properties but I was never in any Consultation with them or any Message to them nor I never saw one of these Lords that I know of that are said to be concerned Therefore I say 't is very improbable I should be so far concerned as they seem to represent it they met at the Five Bells they allow themselves I was not at that meeting For Mr. Keeling he does not at all Charge me What I said to Mr. West relating to the business he talks of in October last that my Lord is out of doors in point of time I pray God forgive him for what he has said I can't say more than I have L. C. J. Pray where do you live Where is your Habitation Capt. Walcot My Habitation is in Ireland my Lord. L. C. J. Pray what do you here Capt. Walcot I was invited by my Lord Shaftsbury to go Governor to Carolina L. C. J. That Design was a great while ago frustrated Capt. Walcot My Lord it was some while before I came over and so my Lord gave his Commission to another But being in England my Lord Shaftsbury invited me to go to Holland with him which I did and when he dyed I came to London I had not been here a Fâ—rtnight but I fell ill of the Gout and that continued Three months Another thing was my Son was here and I designed to Marry him and make Provision for my younger Children My Lord I have a competent Estate I hope it is no great Crime for a man of an Estate to be here L. C. J. You confess you heard some discourse of these things What made you to frequent their company when you heard these things Capt. Wal. It was my folly to do it L. C. J. Ay but you are to understand that Folly in these Cases is Treason Capt. Walcot I conceive my Lord 't is only misprision of Treason I did hear of a great deal that these Gentlemen have said and that there would be an Insurrection but I had no hand directly or indâ—rectly in it nor did it enter into my thoughts either directly or indirectly the Death of the King When some Gentlemen have talked to me of it I Abominated it and told them it was a â—candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.
notable cunning Lawyer and if such a Challenge were to have been allowed no doubt he would have made use of it but the Challenge was not taken and if he had made such a Challenge and it had been allowed perhaps he could not have been tried That was Cook I have heard several Persons tryed for Treason my self and never heard it taken Therefore I am of Opinion that before any Statute was made in this case It was the Custom in London to try without Freeholds and since by the Statute of Queen Mary 't is restored Mr. Baron Streete I think there was no such Challenge at Common Law The Jury were only to be Probos Legales homines and no more till the Statute made it so but there is a particular Reservation for Corporations And certainly if this should be admitted to be a good Challenge tho' it were between Party and Party there would be in some Corporations a perfect failure of Justice So that without doubt at Common Law there was no such Challenge As for the Statute of H. 5. 't is gone by that of Queen Mary If this were admitted within London nothing would be more mischievous to this Corporation Methinks we have been very nice in this matter when the life of the King is at Stake and all the Customs and Priviledges of the City of London seem to be levelled at in this point I am of the Opinion with the rest of the Judges that this Challenge ought to be over-ruled Justice Withins I am of the same Opinion L. Ch. Just. My Lord the Court is of Opinion upon hearing your Counsel and the Kings that it is no good Challenge to a Jury in a case of Treason that he has not Freehold within the City But I must tell your Lordship withall That your Lordship has nothing of hardship in this case for notwithstanding that I must tell you you will have as good a Jury and better than you should have had in a Country of 4 l. or 40 s. a year Freeholders The Reason of the Law for Freeholds is That no slight Persons should be put upon a Jury where the Life of a man or his Estate comes in Question but in the City the Persons that are impannell'd are men of Quality and Substance men that have a great deal to lose And therefore your Lordship hath the same in substance as if a Challenge was allowed of Freehold It will be no kind of prejudice to your Lordship in this case Therefore if you please apply your self as the Jury is called and make your Exceptions if you shall make any L. Ch. Just. Mr. Bollexfen you shall have liberty to stay any where here if you please Counsel Here is such a great Crowd my Lord we have no room Then the Iurymen were called and after the Lord Russel had challenged One and Thirty of them the Iury sworn were as follows Jur. Iohn Martin William Rouse Iervas Seaton William Fashion Thomas Short George Toriano William Butler Iames Pickering Thomas Ieve Hugh Noden Robert Brough Thomas Omeby Then was made Proclamation for Information Cl. of Cr. William Russel Esq hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted by the name of pront before in the Indictment Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal hath put himself upon his Country which Country you are Your Charge is to inquire whether he be Guilty of this High Treason whereof he stands Indicted or not Guilty If you find him Guilty you shall inquire c. Mr. North. May it please your Lordship and you that are sworn The Prisoner at the Bar stands charged in this Indictment with no less than the Conspiring the death of the Kings Majesty and that in order to the same he did with other Traitors named in the Indictment and others not known 2. November in the 34th year of this King in the Parish of Bassishawe within the City of London meet and conspire together to bring our Soveraign Lord the King to death to raise War and Rebellion against him and to massacre his Subjects And in order to compass these wicked Designs there being assembled did conclude to seize the Kings Guards and his Majesties Person This is the Charge the Defendant says he is Not Guilty if we prove it upon him it will be your duty to find it Mr. Att. Gen. My Lord and you Gentlemen of the Jury most of our Evidence against this Honourable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Gray Sir Thomas Armstrong and Mr. Ferguson they were the Council of State as I may call them to give forth directions for the general Rising that hath appeared was to have been within this Kingdom The Rising was of great concern and expence and must be managed by Persons of interest prudence and great secreâ—e These Gentlemen had frequent meeting in October and November last for then you may refresh your memories again was the general Rising to be and there they did consult how to manage the Rising they consulted how to seize the King's Guards And this Noble person being mixed with these others especially with Ferguson who with others of an inferior rank was also ingaged in a Cabal for managing worser things tho' this is bad enough at several meetings they receive Messages from my Lord Shaftsbury touching the Rising They being looked upon as the Persons that were to conclude and settle the time and all circumstances about it We shall make it appear to you in the course of our Evidence that those Underlings for this was the great Consult and moved all the other Wheels who managed the Assassination did take notice that these Lords and Gentlemen of Quality were to manage and steer the whole business of the Rising It seems these Gentlemen could not give the Earl of Shaftsbury satisfaction to his mind for he pressed them to keep their day which was the 17th of November last But the honourable Person at the Bar and the rest made him this Answer That Mr. Trenchard had failed them for that he had promised to have 1000 Foot and 2 or 300 Horse at four hours warning but now it was come to pass he could not Perform it that some Persons in the West would not joyn with them and therefore at this time they could not proceed and therefore they must defer the day And as a Council they sent my Lord Shaftsbury word he must be contented they had otherwise resolved and thereupon my Lord Shaftsbury went away and Mr. Ferguson with him To carry on this practice they took others into their Council Sir Thomas Armstrong was left out and there falling that Scandalous Report upon my Lord Gray he was to be left out and then there was to be a new Council of Six whereas the inferior Council to manage the Assassination was seven
This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. Gen My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence Stands There is one Evidence since Christmas last L. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. C. Just. If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think t is not Punishable by that Act. I desire Counsel may be admitted upon so Nice a Point My Life Lies at Stake here 's but one Witness that speaks of a Message Sir Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell My Lord I do not think it proved I hope you will be of Counsel for me t is very hard for me that my Counsel may not speak for me in a point of Law L. C. Just. My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy says he brought a Message which I will Swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and Seven Months agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not â—tay above a quarter of an hour tasting Sherry with Mr. Sheppard L. C. Just. Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. of Cro. Whereas divers opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Uiolate the Kings Compagnion or the Kings Eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or elsewhere and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfeit the Kings Great or Privy Seal or his money and if a man bring false money into this Realm counterfeit to the money of England as the money called Lushburgh or other like to the said money of England Knowing the money to be false to Marchandise or make Payment in desceit of our said Lord the King and of his People and if a man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of â—â—ise and all other Iustices designed to hear and determin being in their places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just. My Lord That which is urged against you by the Kings Counsel is this You are accused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L. Russell It is in a Poynt of Law and I desire Counsel Mr. At. Gen. Admit your Consultations and we will hear them L. C. Just. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russell has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Colonel Rumsey and my Lord Howard have Deposed whether then this be Treason we can hear your Counsel to nothing else L. Russell I do not know how to answer to it The point methinks must be quite otherwise that there should be Two Witnesses to one thing at the same time Mr. At. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russell It was to the same point Mr. At. Gen. To the general point the lopping point Sir G. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. Just. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you can't contradict them by
Howard something upon the Point my Lord Anglesey testified and to know what answer he makes to my Lord Anglesey L. C. Baron My Lord What say you to it that you told his Father he was a discreet Man and he needed not to Fear his Ingagement in any such thing L. Howard My Lord if I took it right my Lord Angleseys Testimony did Branch it self into Two Parts one of his own Knowledg and the other by Hear-say as to what he sayd of his own knowledg when I waited upon my Lord of Bedford and endeavoured to comfort him concerning his Son I believe I sayd the words my Lord Anglesey has given an account of as near as I can remember that I looked upon his Lordship as a Man of that Honour that I hoped he might be secure that he had not Intangled himself in any thing of that Nature My Lord I can hardly be provoked to make my own defence least this Noble Lord should Suffer so willing I am to serve my Lord who knows I can't want Affection for him My Lord I do confess I did say it for your Lordship well knows under what Circumstances we were I was at that time to out-face the thing both for my self and my Party and I did not intend to come into this Place and Act this Part. God knows how it is Brought upon me and with what unwillingness I do Sustain it but my Duty to God the King and my Country requires it but I must confess I am very sorry to carry it on thus far My Lord I do confess I did say so and if I had been to Visit my Lord Pemberton I should have say'd so There is none of those that know my Lord Russell but would speak of my Lord Russell from those Topicks of Honour Modesty and Integrity his whole Life deserves it And I must confess I did frequently say there was nothing of Truth in this and I wish this may be for my Lords advantage My Lord will you spare me one thing more because that leans hard upon my Reputation and if the Jury beleive that I ought not to be beleived for I do think the Religion of an Oath is not Tyed to a Place but receives its Obligation from the appeal we therein make to God and I think if I called God and Angels to Witness to a Fals-hood I ought not to be beleived now But I will tell you as to that your Lordship knows that very Man that was Committed was Committed for a design of Murdering the King now I did lay hold on that part for I was to carry my Knife close between the Parting and the Apple and I did say that if I were an Enemy to my Lord Russell and to the Duke of Monmouth and were called to be a Witness I must have declared in the presence of God and Man that I did not beleive either of them had any design to Murder the King I have said this because I would not walk under the Character of a Person that would be Perjured at the expence of so Noble a Persons Luc and my own Soul L. Russell My Lord Clifford L. C. Just. What do you please to ask my Lord Clifford L. Russell He hath known my Conversation for many Years L. Clifford I always took my Lord to be a very Worthy Honest Man I never saw any thing in his Conversation to make me beleive otherwise L. Russell Mr. Gore Mr. Luton Gore I have been acquainted with my Lord several years and conversed much with him in all the Discourse I had with him I never heard him let any thing fall that tended in the least to any Rising or any thing like it I took him to be one of the best Sons one of the best Fathers and one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians we had I know of no Discourse concerning this matter L. Russel Mr. Spencer and Dr. Fitz Williams Mr. Spencer My Lord I have known my Lord Russel many years I have been many Months with him in his House I never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and he had Prayers constantly twice a day in his House L. C. Just. What as to the General Conversation of his Life my Lord asks you whether it hath been sober Mr. Spencer I never saw any thing but very good very Prudent and very Vertuous L. Russel What Company did you see used to come to me Mr. Spencer I never saw any but his neâ—r Relations or his own Famely I have the honour to be related to the Family Then Doctor Fitz Williams stood up L. Russel If it please you Doctor you have been at my House several times give an account of what you know of me Dr. Fitz Williams I have had the knowledg of my Lord these Fourteen Years from the time he was Married to his present Lady to whose Father Eminent for Loyalty I had a Relation by Service I have had acquaintance with him both at Stratton and Southampton Buildings and by all the Conversation I had with him I esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands charged with L.C. J. My Lord does your Lordship call any more Witnesses L. Russel No my Lord I will be very short I shall declare to your Lordship that I am one that have always had a heart sincerely Loyal and Affectionate to the King and the Government the best Government in the world I pray as sincerely for the Kings happy and long life as any man alive and for me to go about to raise a Rebellion which I looked upon as so wicked and unpracticable is unlikely Besides if I had been inclined to it by all the observation I made in the Country there was no tendency to it What some hot-headed people have done there is another thing A Rebellion can't be made now as it has been in former times we have few great Men. I was always for the Government I never desired any thing to be redressed but in a Parliamentary and Legal way I have been always against Innovations and all Irregularities whatsoever and shall be as long as I live whether it be sooner or later Gentlemen I am now in your hands eternally my Honour my Life and all and I hope the Heats and Animosities that are amongst you will not so byass you as to make you in the least inclined to find an Innocent man guilty I call to witness Heaven and Earth I never had a design against the Kings Life in my life nor never shall have I think there is nothing proved against me at all I am in your hands God direct you Mr. Sol. Gen. My Lord and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in Conspiring the Death of the King The Overt Act that is laid to prove
times Now Gentlemen this is the substance of the Evidence that hath been produced against my Lord Russel My Lord Russel hath made several Objections That he was accidentally at this meeting at Mr. Shephards house and came about other business but I must observe to you that my Lord Russel owned that he came along with the Duke of Monmouth and I think he said he went away with him too You observe what Mr. Sheppard's Evidence was Mr. Ferguson came to tell him the Duke of Monmouth would come and accordingly the Duke of Monmouth did come and brought his Companion along with him which was my Lord Russel and certainly they that met upon so secret an Affair would nâ—ver have brought one that had not been concerned Gentlemen there are other Objections my Lord hath made and those are in point of Law but before I come to them I would observe what he says to the second Meeting My Lord does not deny but that he did meet both at Mr. Hambdens house and my Lords own I think my Lord said they did meet onely to discourse of News and my Lord Howard being a man of excellent discourse they met for his conversation Gentlemen you can't believe that this designed Meeting was for nothing in this close secret Meeting that they had no contrivance among them You have heard the Witness he swears positively what the Conversation was and you see the fruit of it Sir Hugh Cambell's coming to Town and absconding when it is discovered Now my Lord Russel insists upon it that admitting these Facts be proved upon him they amount to no more than to a Conspiracy to levy War and that that is not Treason within the Statute of 25 E. 3. and if it be onely within the Statute of the 13th of this King then 't is out of time that directs the prosecution to be within six months The Law is plainly otherwise The Statute of the 13th of this King I will not now insist upon though I believe if that be strictly looked into the clause that says the prosecution shall be within six months does not refer to Treason but only to the other offences that are highly punishable by that Statute For the Proviso runs thus 13. Car. 2. Provided always that no person be prosecuted for any of the Offences in this Act mentioned other than such as are made and declared to be High Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by order of the Council-Table of his Majesty his Heirs or Successors directed unto the Attorney General for the time being or some other of the Councel learned to his Majesty his Heirs or Successors for the time being Nor shall any Person or Persons by vertue of this present Act incur any the Penalties herein before mentioned unless be or they be prosecuted within six months next after the offence committed and indicted thereupon within three months after such prosecution any thing herein contained to the contrary notwithstanding This word Nor is a continuation of the former Sentence and the exception of High Treason will go through all and except that out of the temporary limitation of Treason But this is High Treason within 25 E. 3. To conspire to levy War is an Overt Act to restifie the design of the death of the King And the errour of my Lord Cook hath possibly led my Lord into this mistake But this Gentlemen hath been determined it was resolved by all the Judges in the Case of my Lord Cobham 1 Iac. A Conspiracy to levy War against the Kings person as this was a Conspiracy to seize the Guards what does that tend to but to seize the King and that always hath been taken to be High Treason But there are some things called levying of War in Law that are not so directly against the King as if a number of men go about to levy men to overthrow all Inclosures this by the generality of the intent and because of the consequences is accounted levying War against the King A Conspiracy therefore to levy such a War which by construction only is against the King perhaps that may not be such an Overt act as to testifie the imagination of the death of the King but other Conspiracies to raise War against the King have always so been taken 'T is the Resolution of all the Judges in my Lord Dyers Reports the Case of Dr. Story A Conspiracy to invite a forrein Prince to make an Invasion though no Invasion follow is an Overt act to prove conspiring the death of the King And as it has been so taken so it hath been practised but of late days In the King's Bench I take it the Indictment against Plunket that was hanged he was indicted for Conspiring against the Life of the King and his Charge went no further than for raising of Arms and inviting the French King in and he suffered This is acknowledged by my Lord Cook for he himself said in the Paragraph before that out of which this advice to my Lord Russel is extracted That a Conspiracy to invite a forein Prince to invade the Kingdom is a Conspiracy against the Life of the King And in the next Paragraph he says an Overt act of one Treason cannot be an Overt act of another Treason but constant practice is against him in that For what is more common than to indict a man for imagining the death of the King and to assign the Overt act in a Conspiracy to raise Arms against the King and sometimes they go on and say Did levy War against the King Now by my Lord Cook 's rule levying War unless the Indictment be particular for that is not an Overt act for the compassing the death of the King but the contrary hath been resolved by all the Judges in the Case of Sir Henry Vane and it is the constant practice to lay it so in Indictments It would be a strange construction if this should not be High Treason 'T is agreed by every body to take the King Prisoner to seize the King that is a compassing of the death of the King And to sit in counsel to conspire to effect that that is an Overt act of the imagination of the death of the King now no man can distinguish this case from that And this Consultation amounted to all this for plainly thither it tended The Consultation was to seize upon the Kings Guards that could have no other stop but to seize upon the Kings person and bring him into their power As to the Killing of the King I am apt to think that was below the honour of the Prisoner at the Bar but this is equal Treason If they designed only to bring the King into their power till he had consented to such things as should be moved in Parliament 't is equally Treason as if they had agreed directly to assassinate him Therefore I think there is nothing for you to
so little concern for his own life to make this Discourse his ordinary Conversation No it must be a particular Consult of Six that must be intrusted with this I tell you 't is not the Divines of the Church of England but an Independent Divine that is to be concerned in this they must be persons of their own complexion and humour For men will apply themselves to proper instruments Gentlemen I would not labour in this case for far be it from any man to endeavour to take away the life of the innocent And whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts into the Scale Gentlemen I must tell you on the other side you have Consciences Religion you have a Prince and a merciful one too consider the life of your Prince the life of his Posterity the consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving Gentlemen I must put these things home upon your Consciences I know you will remember the horrid Murder of that most pious Prince the Martyr King Charles the First How far the practices of those persons have influenced the several punishments since is too great a secret for me to examine But now I say you have the life of a merciful King you have a Religion that every honest man ought to stand by and I am sure every Loyal man will venture his Life and Fortune for You have your Wives and Children Let not the greatness of any man corrupt you but discharge your Consciences both to God and the King and to your Posterity L.C.J. Gentlemen of the Jury the Prisoner at the Bar stands indicted before you of High Treason in compassing and designing the death of the King and in declaring of it by Overt acts endeavouring to raise Insurrections and popular Commotions in the Kingdom here To this he hath pleaded Not Guilty You have heard the Evidence that hath been against him it hath been at large repeated by the Kings Counsel which will take off a great deal of my trouble in repeating it to you again I know you cannot but take notice of it and remember it it having been stated twice by two of the Kings Counsel to you 't is long and you see what the parties here have proved There is first of all Col. Romsâ—y he does attest a Meeting at Mr. Sheppard's house and you hear to what purpose he says it was the Message that he brought and the Return he had it was to enquire concerning a Rising at Taâ—nton and that he had in return to my Lord Shaftsbury was that Mr. Trenchard had failed them and my Lord must be contented for it could not be that time You hear that he does say that they did design a Rising he saith there was a Rising designed in November I think he saith the 17th upon the day of Queen Elizabeth's birth You hear he does say there was at that Meeting some discourse concerning inspecting the Kings Guards and seeing how they kept themselves and whether they might be surprized and this he says was all in order to a Rising He says that at this my Lord Russel was present Mr. Sheppard does say that my Lord Russel was there That he came into this Meeting with the Duke of Monmouth and he did go away with the Duke of Monmouth as he believes He says there was some discourse of a Rising or Insurrection that was to be procured within the Kingdom but he does not tell you the particulars of any thing he himself does not My Lord Howard afterwards does come and tell you of a great discourse he had with my Lord Shaftsbury in order to a Rising in the City of London and my Lord Shaftsbury did value himself mightily upon 10000 men he hoped to raise and a great deal of discourse he had with my Lord Shaftsbury This he does by way of inducement to what he says concerning my Lord Russel The Evidence against him is some Consults that there were by Six of them who took upon them as he says to be a Council for the management of the Insurrection that was to be procured in this Kingdom He instances in two that were for this purpose the one of them at Mr. Hambden's house the other at my Lord Russel's house And he tells you at these Meetings there was some discourse of providing Treasure and of providing Arms but they came to no result in these things He tells you that there was a design to send for some of the Kingdom of Scotland that might joyn with them in this thing And this is upon the matter the substance of the Evidence that hath been at large declared to you by the King's Counsel and what you have heard Now Gentlemen I must tell you some things it lies upon us to direct you in My Lord excepts to these Witnesses because they are concerned by their own shewing in this Design If there were any I did direct some of you might hear me yesterday that that was no sufficient exception against a mans being an Evidence in the case of Treason that he himself was concerned in it they are the most proper persons to be Evidence none being able to detect such Councils but them You have heard my Lord Russels Witnesses that he hath brought concerning them and concerning his own integrity and course of life how it has been sober and civil with a great respect to Religion as these Gentlemen do all testifie Now the Question before you will be whether upon this whole matter you do believe my Lord Russel had any design upon the Kings life to destroy the King or take away his life for that is the material part here 'T is used and given you by the King's Counsel as an evidence of this That he did conspire to raise an Insurrection and to cause a Rising of the people to make as it were a Rebellion within the Nation and to surprize the King's Guards which say they can have no other end but to seize and destroy the King and 't is a great evidence if my Lord Russel did design to seize the King's Guards and make an Insurrection in the Kingdom of a design for to surprize the King's Person It must be left to you upon the whole matter You have not evidence in this Case as there was in the other matter that was tried in the morning or yesterday against the Conspirators to kill the King at the Rye There was a direct evidence of a Consult to kill the King that is not given you in this Case this is an act of contriving Rebellion and an Insurrection within the Kingdom and to seize his Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King Upon this whole matter this is left to
untrue thing for you Rouse My Lord I only beg a little time I don't design to make any evasion That I am innocent I thank God I am L. C. J. We can't give you any further time unless the King pleases we are bound to Try those he brings before us Sir G. Jeff. Because Captain Blage does desire not to be joyned to the other we that are for the King are contented that Rouse be Tryed first Then Captain Blage was taken away and after several Persons challenged by Rouse the Iury that were Sworn were Robert Beddingfeild John Pelling William Windbury Theophilus Man John Short Senior Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe Cl. of Cr. John Rouse Hold up thy hand You of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted Prout antea in the Indictment Mutatis Mutandis upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal put himself upon his Country which Country you are your Charge is to inquire c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in conspiring the Death of the King and in order thereunto consulting how to-seize the Tower and in providing of Arms in order to destroy the King and subvert the Government if we prove it upon him you are to find him Guilty Sir G. Jeff. The Prisoner at the Bar was as you have been acquainted in that horrid conspiracy whereof several of the Conspirators have been brought to Tryal and received a Verdict surely according to Evidence The Prisoner at the Bar did bear a proportion among the rest It does occur to your memorys There were several undertakers that undertook several stations some whereof were to undertake the blackest part of this horrid Villany by the taking off the King and his R. Highness his Brother others in order to the same design were to seize upon the King's Guards and so to deprive him of all manner of defence whatsoever and to prevent all persons to make any defence against them as you heard there was another part to be acted therefore the Town was to be divided into several Divisions I think there was Twenty but the most numerous and beneficial parts were thought to be about Wapping A particular part of the Evidence was that the Tower was to be seized and the Kings Arms there I know you observed that they took notice of a particular place of the Tower that was most capable of access This Rouse is a Gentleman very well known 't is not the first time he hath been at this Barr He was here at a time when the common justice of the Nation could not be obtained in this place in so much that the Judges who came to execute Justice had more reason to fear being executed upon the Bench than the Prisoner at the Bar. It may easily appear how far Mr. Rouse was concerned I don't love to aggravate matters he has crimes enough he was reckoned Pay master to this rabble he was to take care to manage those persons that were to seize upon the Tower He is a man of great skill in that subject a Doctrine wherein he was well tutoâ—ed under a Lord you heard mentioned this morning but he is in his grave and so I shall say no more of him We shall give you an account of a design he had how to compass this business Black heath was looked upon as a convenient place where there was to be a Golden Ball for which the Sea-men were to play in great numbers and he that won the prize was to have the Golden Ball but his eye was upon the Tower all this while He thought to allure these silly Sea-men by the advantage of the honourable winning of this Ball and when they were fraighted with the success of this meeting then it was proper to attack the Tower We shall prove the other Prisoner that was at the Barr ingaged with this Prisoner at the Barr. We shall not only prove this but that Mr. Rouse hath been always of an inclination against the Government We shall call you Witnesses that he hath undertaken to dispute by what Authority the King comes to govern into England that he hath said he had forfeited his Government that he told an ordinary Miscreant one of his Levellers that he had as much right to the Crown as he had My Lord if we prove this matter to your Lordship and the Gentlemen of the Jury it will be high time for us to endeavour to preserve the Crown upon that Royal Head upon which all Loyal men desire it should flourish as long as the Sun and Moon indure Mr. Burton Call Thomas Leigh Who was Sworn Mr. Jones Pray give us an account what you know concerning Mr. Rouse Mr. North. Of any design against the King and providing Arms. Rouse If it please you my Lord one word before he speaks I have an exception against him I wonder with what confidence you can look in my face at this time Kings Counsell Nay nay speak to the Court. Rouse My Lord he is a person that before he was taken up was swore by two persons to have a hand in the Plot one was Mr. Keeling the other Mr. How of Old street and then being taken up and conscious to himself that he was Guilty of such notorious crimes and knowing I was pretty well acquainted with him he was deadly afraid I should come and Swear against him and thereupon he took the boldness to swear against me first Mr. North. My Lord he hath offered nothing of Objection Rouse I suppose with submission to the Court without he have his Pardon he is no Evidence in this case Sir G. Jeff. Come tell us all you know Mr. Leigh If it please you my Lord I have been concerned in this Conspiracy I know something of it but I believe Mr. Rouse knows a great deal more Mr. Rouse takes me to the Kings head Tavern in Swithins-Alley where after some time Mr. Goodenough came where there was a Clubb of men that was in the Conspiracy I had seen Mr. Goodenough before he acquainted me that there was an apprehension our Rights and Priviledges were Invaded and it was time to look to our selves for Popery was designed and Arbitrary power and therefore he desired to know whether I would ingage in that affair to prevent it and withall he told me the City of London and Middlesex was divided in Twenty-parts and he asked me to ingage in one part I told him my acquaintance did not ly where I lived but I would get a part where my acquaintance was I acquainted Mr. Rouse and Mr. Goodenough what men I had spoke to Mr. Goodenough told me 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 of it
Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Radish Edward Kemp. Clerk GEntlemen of the Jury look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of William Blague late of London Gent. that he together with John Rouse c. Mr. North. Gentlemen you that are sworn the Prisoner at the Bar is charged with compassing the Death of the King and conspiring to raise War and Rebellion to destroy the Government and take possession of it that he did conspire with one Rouse and several others not yet known to bring these things to pass and being join'd together to seize the Tower and to provide several Arms To this he hath pleaded not guilty c. Mr. S. Jeffreys My Lord and you Gentlemen of the Jury we shall not need to trouble you much with the Prisoner at the Bar for this Prisoner with him that went before were to undertake that part of this horrid Conspiracy relating to the seizing the Tower because the same Witnesses that were against the former are against the Prisoner at the Bar. We shall not need to trouble you with the history we will call our Witnesses to prove it Do you hear Lee you must tell my Lord and the Jury what the Prisoner at the Bar was concerned in L. C. J. What do you know of any Treasonable practices of his Mr. Lee I will acquaint your Lordship and the Gentlemen of the Jury that Capt. Blague and Mr. Rouse were frequently at the Tavern I presume many times they came in about Business and sometimes there was Discourses to carry on this Conspiracy Mr. Rouse told me he had acquainted Capt. Blague with it about getting Ten Sea Captains Capt. Blague told him they had better engage one or two Ships to shoot Morter-pieces into the Tower which would presently destroy it and discoursing with Capt. Blague about the affair he told me he would be ready in a Fortnight or Three Weeks Capt. Blague My Lord will you please to ask what time that was L. C. J. You shall have any Question asked by and by Capt. Blague Very well Mr. Lee. Capt. Blague told me he would be ready in a Fortnight or something more and he had an intention to lay in about Fourteen Guns in his own Ship that he had bought he would have Twenty four in it and lay it on Southwarke side against the Tower He would venture his Ship but they must see they were provided with Money for the Seamen I acquainted Mr. Goodenough with this and Mr. Goodenough desired to speak with Capt. Blague I told Capt. Blague of it and we took Coach at the Stocks-Market and went to the Kings-head in Chancery-Lane where we met with Mr. Richard Goodenough and Mr. Francis Goodenough Capt. Blague asked what Money they had provided they said about 40000 l. says Capt. Blague the Seamen will swallow that up immediately L. C. J. What did Capt. Blague say Mr. Lee. Mr. Goodenough and Capt. Blague discourst about the Matter at the Kings-head Tavern at Chancery-Lane end and the discourse about the Matter was how to seize the Tower he then told them again the only way was to do it with Morter-pieces that he would venture his own Ship and provide Two hundred men L. C. J. What did he say about Money Mr. Lee. He asked what Money was provided he said there was about 40000 l. then he said that would be easily swallowed Mr. Goodenough said that there would be more provided at any time Cap. Blague and Mr. Goodenough both of them drank a Glass or two of Wine together and so at that time we parted I met with Capt. Blague again and bid me for God's sake don't discourse before my Mate such a one but my Mate Lee is a very honest fellow Said he I will undertake once in Twenty times to dismount them Six Guns that face towards Surrey side which I understood to be about Traytor's-Bridge he would undertake to dismount them What discourse Capt. Blague and Mr. Goodenough had a part I can't tell but Mr. Goodenough told me he would get some other Captains to engage in that affair That Business was left to him and I and I was desired to be frequently with Capt. Blague for the managing this affair of the Tower and saies he I have had a Commission though not in England by Land as well as by Sea L. C. J. Will you ask him any thing Sir Now he shall be asked any thing that you will propose First you do propose to him about what time this meeting was What say you to that Mr. Lee. If it please your Lordship I believe it was toward the latter end of May or the beginning of June Capt. Blague If you please my Lord I will give you a Journal or Narrative of all my proceedings L. C. J. Will you ask him any more than that Cap. Blague No my Lord. Mr. S. Jeff. We will call Mate Lee. This Mate Lee was the Man that might not be trusted Mate Lee tell my Lord and the Gentlemen of the Jury what discourse you have had with the Prisoner at the Bar Capt. Blague about seizing the Tower Mate Lee. I shall Sir The first discourse that ever I understood was one time he and I was riding in a Coach saies Capt. Blague one of these daies we shall have a Ball to toss I did not know the meaning of this Ball till afterwards Mr. Rouse and Mr. Lee and I came together and he told me of tossing a Ball upon Black-heath Then I began to understand it And after this I can't tell whether it was before that Capt. Blague and I walking about the Tower and discoursing of this my way was to Scale the Tower and take it that way saies Capt. Blague the best way is to shoot Morter-pieces on Southwarke side this was all the discourse Mr. S. Jeff. Can you say any thing about the Ship Mate Lee. Nothing about the Ship but about Morter-pieces on Southwarke side Mr. S. Jeff. What time was that Mate Lee. I cannot be possitive about Six Weeks ago or less Mr. S. Jeff. The first time was in the Coach Mate Lee. That was about the Ball I did not understand it only tossing up a Ball I did not understand the meaning of it till afterwards Mr. Rouse and Mr. Lee and I came together L. C. J. How came you to discourse with him concerning the best way of taking the Tower Mate Lee. Mr. Rouse and Mr. Lee and I and Capt. Blague had been together We discourst about taking the Tower And we had this discourse among our selves which was the best way to take the Tower my approbation was Scaling Ladders and hand Granadoes that was the best way Cap. Blague's way was with Morter-pieces on Southwarke side L. C. J. To what intent was this discourse had you had any former discourse with any Persons Mate Lee. Not at all if it please your Lordship The first discourse I
Birchin-Lane L. C. J. Well Chappel We have had the Ship a Month in our hands next Munday L. C. J. Is she fitted Chappel No she is not fitted L. C. J. Was she in a condition to have done any Serivce upon the Water Capt. Blague Carpenter do you hear what my Lord saies Chappel The Ship is a small Vessel about a Hundred and fifty Tun between that and an Hundred Capt. Blague My Lord ask you if she be in a Condition to do service L. C. J. Was she capable to do any service upon the Water Chappel No service at all upon the Water she could do three Weeks ago Mr. S. Jeff. A Ship of One hundred and fifty or Two hundred Tun would hold a great many People she was to lie still that was the mischief Chappel We haled her down to the Carpenter's Yard she is now in a condition to work L. C. J. Have you any more men Capt. Blague Dr. upon what account were you shipped Bellinger For New York England and Holland Capt. Blage. When were you Shipped Bellinger Seven Weeks ago L. C. J. When were you to begin your Voyage Bellinger I belonged to the Captain before he had a Ship L. C. J. But when did you reckon to begin your Voyage Bellinger That I cannot tell Capt. Blage. My Bill upon the Exchange doth specifie it Sir Jury Pray my Lord will you ask if he have any Guns aboard and how many L. C. J. What say you What Guns are there about the Ship Bellinger 14 Sr. and 4 Wooden ones L. C. J. What are they Bellinger 6 above Deck 4 in the Hold. Capt. Blage. They are Saker Guns L. C. J. Saker Capt. Blage. Yes Sr. Richard Clarke What Voyage had we Clarke New York L. C. J. Surely it doth appear that these men were Shipped a great while ago Capt. Blage. Some of them have had a dependance upon me a great while one hath depended upon me I believe Seven Months L. C. J. Have you any thing more to say Capt. Blage. No my Lord. L. C. J. Look you Gentlemen you that are of this Jury this Gentleman is indicted for conspiring the Death of the King and doing some Acts in order to it that is endeavouring to surprize the Tower and raising of men and preparing of Shipping and Guns and this on purpose to surprize the Tower That there was an evil Design a very wicked notorious Design of Siezing the Kings person and killing the King that is most certain you have heard it by a great many witnesses and it is a thing I think not to be doubted of by any The question is Whether this man be guilty of it and hath undertaken any thing in relation to it Look you you ought to have in such cases of high Treason as you have been told you ought to have two Witnesses against a person Here is two Witnesses produced one of them does speak very shrewdly to the case and tells you he had it from this person himself that he had spoken with Goodenough about this matter about surprizing the Tower and that he told him it was an easie thing to surprize the Tower and that he could do it that he had a Ship ready and he would undertake that 200 men should be ready with Morter-Pieces from Southwark-side to throw them and beat down the Tower so that it might have presently been down First Mr. Lee doth say that the Captain there at the Bar that he was oftentimes with Mr. Goodenough and Mr. Rouse and others who it is plain were in that Design both Rouse and Goodenough was and that he heard Goodenough say that the Captain had undertaken it and he says that the Captain had Discourse with Goodenough about it He says the Captain asked him in order to this what money could be raised and he told him there was 40000.1 and the Captain told him that was but a small matter the Seamen would eat up that and Goodenough told him there was a greater Bank in Holland that would be brought over So that this Evidence goes a great way But then Gentlemen you must consider whether you have another Evidence or not There is a person that you call Mate the Mate doth give a dark kind of an Evidence he does say here that he and the Captain had discourse about the way of taking the Tower and he believes it was in order to take the Tower but he does say when he heard it no Body was present but himself and he was of one opinion how the Tower might be taken that is by scaling Ladders and hand Granadoes and that the Captain was of another opinion whether it might not be better taken by Morter-Pieces thrown from Southwark-side but whether the Captain had any notice of this design of taking it he cannot tell or whether he had any acquaintance concerning it So that his Evidence does seem to be somewhat dark Whether this were sportive or a trial of their skill or whether it was a design to have Counsel and Advice one of another which way to take it I must leave it to you whether it was done with an intent and design for to find out the best way in order to the taking of it But if it were only a Discourse at large between them an endeavour to try their Judgments one with another and speaking their minds one with another in that case then this evidence doth not come home to make him guilty of the Plot of taking the Tower or taking away the Kings life He tells you he did speak of a Ball to be thrown up but whether he ever heard of the other design that Lee speaks of the first Lee Thomas Lee of throwing up a Ball by Seamen in order to the taking of the Tower he knows not Lee says the first Witness he does not know any thing whether this man at the Barr was ever acquainted with the Ball or not If upon what you have heard you believe that there are two Witnesses to prove this Gentleman at the Barr Guilty of this Design of Surprizing the Tower and Killing the King and taking the Tower in order to it in this manner then you ought to find him Guilty but if you have not two Witnesses that do testifie the thing then Gentlemen under two Witnesses a man cannot be Guilty After which the Jury withdrawing to consider of their Verdict in a short time returned and brought him Not Guilty Saturday 14 th July My Lord Russel was brought to the Barr. Cl. of Cr. VV Illiam Russel Esq hold up thy Hand which he did Thou hast been indicted for High Treason against our Soveraign Lord the King and thereupon hast pleaded Not Guilty and for they Tryal hast put thy self upon the Country which Country has found thee Guilty What canst thou say for thy self why Judgment of Death should not pass upon thee according to the Law L. Russel Mr. Recorder I should be very glad to hear the Indictment read Mr.
Att. Gen. You may read it Cl. of Cr. Will you have it read in Latin or in English L. Russell In English The Clerk read to the words of Conspiring the Death of the King L. Russell Hold I thought I had not been charged in the Indictment as it is of Compassing and Conspiring the death of the King Mr. Att. Gen. Yes my Lord. L. Russel But Mr. Recorder If all that the Witnesses swore against me be true I appeal to you and the Court I appeal to you whether I am guilty within the Statute of 25 E. 3. they having sworn a Conspiracy to levy War but no Intention of killing the King And therefore I think truely Judgment ought not to pass upon me for Conspiring the death of the King of which there was no proof by any one Witness Mr. Att. Gen. That is no Exception Mr. Recorder My Lord that was an Exception proper and as I think you did make it before the Verdict whether the Evidence does amount to prove the Charge that is proper to be observed to the Jury for if the Evidence come short of the Indictment they can't find it to be a true Charge But when the Jury has found it their Verdict does pass for truth We are bound by the Verdict as well as your Lordship we are to go by what the Jury have found not their Evidence L. Russel Without any proof Mr. Recorder The Jury must be governed by their Evidence L. Russel I think it very hard I must be Condemned upon a Point that there was not one thing of it sworn therefore I think I may very Legally demand arrest of Judgment Mr. Recorder I hope your Lordship will consider 't is not the Court can give a Verdict it must be the Jury I believe there is no body in the Court does delight in giving such Judgments especially against your Lordship The Verdict is found and the Kings Attorney General on behalf of the King does demand it Mr. Att. Gen. I do demand Judgment of the Court against the Prisoner Proclamation made for silence whilst Judgment was giving Mr. Recorder My Lord Russel your Lordship hath been indicted and tryed and found Guilty of High-Treason the greatest of Crimes your Quality is great and your Crime is great And I hope and expect that your behaviour and preparation in this Condition will be proportionable My Lord it is the Duty of the Witnesses to give Evidence according to truth it is the Duty of the Jury to proceed according to Evidence and 't is the duty of the Court to give Judgment according to the Verdict It is the Kings pleasure signified by his Attorney General to demand Judgment against your Lordship according to this Verdict and therefore my Lord I shall not delay it with any further circumlocution The Judgment the Law hath provided and is the Duty of the Court to give is That you be carried back again to the place from whence you came and from thence be drawn upon an hurdle to the place of Execution where you shall be hanged up by the Neck but cut down alive your Entrails and Privy-Members cut from your Body and burnt in your sight your Head to be severed from your Body and your Body Divided into four Parts and disposed at the Kings pleasure And the Lord have Mercy upon your Soul Mr. Att. Gen. Set up the other now Cl. of Cr. Set Captain Walcot to the Barr Rouse and Hone. Which was done and they bid severally to hold up their Hands which they did and Captain Walcot being asked what he could say why Judgment of Death should not pass upon him said Cap. Walcot I have nothing to say only I have one favour to begg of the Court whether it be proper to begg it now or no I can't tell Mr. Recorder What is it Capt. Walcott I would beg the favour that the Youth my Son might come and see me and some of my Friends Mr. Recorder Capt. Richardson does not deny it to any man after he is condemned that is a piece of Humanity you need not ask I never knew it denyed Then Hone was asked what he could say against Judgment Hone. I beg the same favour Mr. Recorder Ay Ay God forbid You had best ask for some Divine to come to you Then Rouse was asked the same Question Rouse I would speak of the disadvantages I had when I came upon my Tryal When I was put upon my Tryal you know very well I begged the favour of some things one was a Copy of the Indictment when I saw a person come before me who in his own Conscience knew was the Author of all these things I have nothing to say against the Judgment or Verdict I always had a great Veneration for the Constitutions of the Kingdom I pray God forgive them that came against me I wish I had no more weight upon my Legs then I have in my own Conscience I prayed a Copy of my Indictment These things unexpectedly came upon my Tryal that I had not opportunity to speak what I should Mr. Recorder We are content to hear you But observe you are to answer the Question that is asked Why Judgment should not pass upon you You say you won't speak against the Jury we must not hear you nor against the Verdict Rouse I have one word more and that is the Vast difference between the Indictment and their Oaths the Indictment was that such and such words and discourses passed the Second of March the Oaths sworn were that the words were not spoken then but the last of June which was three months difference but however the Jury have pleased to find it I must throw my self at his Majesties feet I have nothing more to say Then silence was proclaim'd and Judgement given against Walcott Hone and Rouse in like manner as upon the L. Russel FINIS