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

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difference between Killing the King and securing the Guards But it was plain That the Witnesses had sufficiently dipp'd themselves and therefore to save their own Lives they had combin'd to take away his He denyed that the VVitness made it out That he was privy He de●ves himself privy to Good●noughs Notes to Mr. Goodenough's Notes about Raising of Men or that he knew any of them That the Meetings at his Lodging were by Colonel Rums●y's Appointment of which he knew nothing and that he came among them accidentally sometimes only to hear News neither was any thing agirated there that he knew of concerning Killing the King or Levying VVar. He confessed he heard there was a Design by a great many Lords and Gentlemen and others for asserting their Liberties and Properties but that he never was in any Consultation with them or any Message to them or ever saw the Face of any of those Lords that were said to be concern'd and therefore it was improbable that he should be so far concern'd as the VVitness seem'd to represent him Being ask'd why he frequented the Company where he heard those things He Answered It was his Folly and conceiv'd it was only Misprision of Treason For it was true he had heard a great deal of what the VVitnesses had said touching an Insurrection but that he had no hand directly or indirectly in it nor did the Death of the King ever enter into his thoughts directly or indirectly And that when some Gentlemen talk'd to him of it he abominated it as a Scandalous Thing a reproach to the Protestant Religion and that his Children would bear the reproach of it But the Court told him he fail'd in his Law for though to hear of Treason accidentally or occasionally and conceal it was but Misprision yet if a Man would be at a Consult where Treason was Hatch'd and then conceal'd it he was then Guilty of Treason it self The Jury then desiring he might be ask'd what he had to say He alledges his undertaking in his Letter to be upon his intimacy with Mr. Ferguson to the Letter the Prisoner made Answer That what he promised he undertook upon his Intimacy with Mr. Ferguson by whose means he believ'd he should have an Interest with the rest That he did according to his promise give an Accompt of what he had heard but that the King was not pleas'd with him because he did not descend to particulars which he could not do in regard he had never been in their Company nor knew any thing but what he had by a private hand As for his Confession that it was his first Crime it was only as far as Misprission went having never acted or intended the Treason In the last place he produc'd one VVitness to prove when he He produces a Witness about his Gout fell ill of the Gout and how long it continu'd who said That he could not certainly tell but believ'd it was about three Months nor could he certainly tell when it began After this the King's Serjeant having summ'd up the Evidence the Lord Chief Justice gave his Charge to the Jury who after He is found Guilty about half a quarter of an Hours Consideration return'd and brought the Prisoner in Guilty THE Charge and Defence OF William Hone. UPON Friday the 19th of July William Hone having been Arraign'd the Day before and after some frivolous Ev●sions pleaded not Guilty was brought to his Tryel for C●nspiring and Int●nding the Death of the King and the Subversion of the Government and for providing himself with Arms to that purpose To this being a second time asked according to the usual Custom whether Guilty or not Guilty he would have retracted his Plea of not Guilty and pleaded Guilty Upon Hone desires to retract his Plea and plead Guilty which being demanded by the Court whether he did confess the whole Indictment He answered Y●s but being asked again whether he confessed that he did conspi●e the D●ath of the King and provide Arms to do the wicked Act He answered that he did not provide any Arms that his Deposition before Sir William Turner was true and that he was asked by Mr. Richard Goodenough to go along with him that he asked whether and then understood it was to kill the King and the Duke of York but was not told the place Which not being taken for a full Confession the Kings Serjeant desired he might be tryed So that the Jury were sworn without any Challenges Nicholas Charleton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutl●nd Thomas Short Theophilus Man John Jenew John Short Thomas Nicholas Which done and the Endictment opened Mr. Josias Keeling was Mr. Keeling Sworn sworn who declared that he saw the Prisoner at the Dolphin Tavern where the Arms were agreed upon That at the same time were present Mr. West Mr. Goodenough and Mr. Rumbold and that he remembred the Prisoner particularly That it was then discoursed of the Kings coming home from Newmarket the Saturday after the Fire and the several Reports of the Town concerning it That upon their hopes that the King would not return upon Munday Mr. West asked Rumbold how many Swans-quills Goose-quills and Crows-quills and what Sand and Ink he must have and that the Prisoner was by and heard all the Discourse Being asked what was meant by all that He answer'd that by Swans-quills were meant Blunderbusses by Goose-quills Muskets and by Crows-quills Pistols and by Sand and Ink Powder and Bullet That after that Meeting the Prisoner took acquaintance with him and after some time told him that he was one of those that was to Assassinate the King That after that at a He told the Witness he was put down to Assassinate the King Coffee-House in Swithins Alley the Prisoner told him that it would never be well till the Black-bird and the Gold Finch were knock'd o' th Head and that asking him what he meant by those Terms he answered the King and the Duke of York Then the Prisoner being admitted to ask the Witness any Questions he said that he own'd it as to the Black-Bird but that as to the Goldfinch he never heard a word of it till then Mr West being sworn declared that he was at the Meeting before Mr West's Testimony mentioned when Mr. Keeling came in that several things were said of Swans-quills c. but that this Man did not come in till that Discourse was over and that he was sure he did not speak of any thing of that nature before this Man in his Life That Mr. Goodenough did undertake to provide the Man and said he would try him whether he would attempt upon the Duke without the King That he asked the Prisoner whether he had seen Mr. Goodenough Who answered that he had and that he had spoke to him about a little Job for the Duke and that Mr. Goodenough said he had spoken to him fully about
Discourse with his Mate such a one but that his Mate Lee was an Honest Fellow and said That he would undertake once in twenty times to dismount the five pi●ces that fac'd towards Southwark-side to which end as he told the Witness he would bring his own Ship and lay it on Southwark sid● and make up the 14 Guns he had already 24. That he ask'd Mr. Goodenough What Money was provided who Answering 4000 l. He Answered The Seamen would swallow that up presently To which Goodenough Reply'd There was more provided at any time Mate Lee Swore That as he Rode with the Captain in a Coach the Prisoner should say One of these Days we shall have a Ball to Mate Lee Sworn toss which he afterwards understood by Rouse and Lee was the Ball that was to be toss'd upon Black-Heath That the Prisoner and he one time walking about the Tower and Discoursing of seizing it his way was to scale it but that the Captain said The best way was to shoot Morter-Pieces upon Southwark-side but deny'd he could say any thing about the Ship To this the Captain in his own Defence made Answer That all his busin●ss with Mr. Rouse was to procure him a sum of Money as being a Brok●r and that his attending upon him for that purpose brought him sometimes into Goodenough's Company wherein he was frequently at one Tavern or other but that if ever he Disc●urs'd with Goodenough about any Publick Affairs or any thing t●nding to the Publick Disturbance he was no Ch●istian That as to the seizing of the Tower it was only accidental Discourse to the Water-men that Row'd him from his Ship by the Tower to whom he was saving That the place was not well fortify'd and that if any Occasion should happen that part next the Water was in more peril then any place of the T●wer And that upon farther Discourse and a Supposition that the French should take that then the Pris●ner said it was but going over-against the other side and flinging half a dozen Bambo's to them and setting them out again That for his having 200 Men it was impossible for his Vess●l was but a Pink that would not hold a 100 Men Women That his Vessel wa● but a Pink that would no● hold a 100 Men. and Children And for the Arms he bought he bought them with the Ship for his Def●nce at Sea four Blund●rbusses two Jav●lins and some few ball-Pikes That as to any bank of Money he never Discours'd it and that as to the Ball he knew no more to that very day then one who had n●ver seen a Ball. He added farther That when they fix'd the time that he was to lay his Ship against the Tower it was not in his Possession to bring thither as not having had her above three weeks to the very time of his Tryal Then M●te Lee was ask'd on the Prisoner's behalf Whether The Witness denies he knew of any Provision mad● to seize the Tower there were any Projections or Provisions made for seizing the Tower To which he Answered There was nothing of Men or Guns that he knew or heard of Being ask'd whether he had any Order from any other Persons to Discourse Captain Blague in Order to this Attempt He Answered No for that Captain Blague Mr. Rouse and Mr. L●igh were commonly together Then the Jury desir'd the Witness might be ask'd Whether the Captain knew he went to view the Tower To which the Witness Answer'd He could not be positive in that They told him they had vievv'd the Tower but he did not remember vvhat Obs●rvations the Captain made upon it The Ju●y desir'd to knovv farther Whether the Prisoner heard any thing of tossing the Ball to vvhich Mr. Lee reply'd That Mr. Rouse told him the Captain vvas acquainted vvith it but that he never Discours'd vvith the Priso●er about it himself The Prisoner then calling his Witnesses one Chappel a Carpenter Declar'd That the Vessel vvas not able to do any Service upon the Water three Weeks ago and that he had been Ship'd four Months and a half to go for New-York Wright declar'd That he had waited on the Cap●ain ever since he had been Ship'd and was in his pay before he had the Ship in his Poss●ssion The Surgeon declar'd That he had belong'd to the Ship seven The Prisoner's Witness●s declare the time how long they had belong'd to the Captain Weeks and to the Captain before he had a Ship Being ask'd by the Jury How many Guns belong'd to the Ship He Answer'd Fourteen Sahers of which four were wooden ones six above Deck and four in the Hold. The Prisoner having thus made his Defe●ce the Lord Chief Justice sum'd up the Evidence to the Ju●y who withdrawing to consider of their Verdict in a short time return'd and brought the Prisoner in Not Guilty The next day being the 14th of July the several Prisoners found Guilty of High-Treason were brought to receive Judgment And first the Lord Russel being set to the Bar and ask'd why The Lord Russel desires the Indictment may be read Senten●e of D●a●h should n●t pass against him according to the Law desir'd to hear his Indictment read in English the which being gran●ed the Clark of the Crown read on till he came to the Words of Conspiring the Death of th● King at what time the Lord Russel desiring him to hold told the Recorder That he thought he had not been Charg'd with Compassing and Conspiring the Death of the King To which the Attorny General reply'd Yes Upon which his Lordship appeal'd to the Recorder and the Court whether if all that the Witnesses had Sworn against him were true whether he were Guilty within the Statute of the 25th of Edward the 3d. they having Sworn a Conspiracy only to Levy War but no intention of Killing the King and therefore he thought Judgment was not to pass for Conspiring the Death of the King To this the Attorney General Answer'd That it was no exception Then the Recorder told him That it was an exception proper and he thought he did make it before the V●rdict whether the But his Objections are held Insufficient Evid●nce do amount to prove the Charge which is proper for the Jury to observe for if the Evidence come short of the Indictment they cannot find the Verdict But when the Jury has found it their Verdict passes for Truth and the Court is bound to go by what the Jury have found not the Evidence To which his Lordship put the Question Whether without any He moves an Arrest of Judgment Proof But it was Answer'd The Jury must be Govern'd by their Evidence His Lordship reply'd It was hard he must be Condemn'd upon a Point that there was nothing of it Sworn therefore he thought that he might legally demand an Arrest of Judgment To which the Recorder Answer'd That he hop'd his Lordship would consider it was not the Court could give a V●rdict
make you in the least encline to find an Innocent Man Guilty I call Heaven and Earth to Witness that I never had in my Life a Design against the Kings Life I am in your Hands so God direct you The Lord Russel having thus concluded his Defence the Kings Counsel proceeded to Sum up the Evidence after which the Lord Chief Justice delivered his Charge to the Jury and so the Court adjourned till four a Clock in the Afternoon at what time the Court being met again the Jury returned and brought in the Lord Russel Guilty of the High Treason laid to his Charge THE Charge and Defence OF John Rouse UPON Fryday in the Afternoon being the 13th John Rouse brought to his Tryal of July John Rouse who had been Arraigned and Pleaded not Guilty was again brought to the Bar. His Charge was for Conspiring the Death of the King and declaring it by Overt Acts that is endeavouring to raise Men to sieze the Tower and to make an Insurrection and Rebellion within the Kingdom Before the Jury was sworn he mov'd the Court for longer time alledging that he had had no longer notice of his Tryal then since Monday Morning and that he had had no advantage of his Notice for though notice was then given him he had no Liberty of sending for any body till Wednesday and that about eight or nine a Clock on Wednesday Night one came and told him that he should have no Liberty of Counsel unless he had it from the Court so that he had not been able to get his Witnesses ready That he desired nothing but as an English-man to which the Court replied that as an English-man he could demand no time to prepare for Tryal for they that will commit Crimes must be ready to answer for them and defend themselves That 't was matter of Fact he was charged with and therefore he could not but know long ago what he was to be tryed for for he was taken up and charged with High Treason that he might then have reasonably considered what Evidence would be against him That if he were an Innocent Person he might defend himself without Question That if he had done an ill thing the Law did not design to shelter him under any Subterfuge as to prepare Witnesses to testifie an untruth for him Here the Kings Serjeant signifyed that in regard Capt. Blague Capt. Blague to be tryed seperately from Rouse did desire not to be joyned with the other that the Kings Counsel were content that Rouse should be tryed first Thereupon after several Challenges the Jury sworn were Robert Benningfield John Pelling William Winbury Theophilus Man John Short Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kemp Ed. Raddish Ed. Kemp. The Indictment being opened by the Kings Counsel Thomas Leigh was sworn But before he could speak the Prisoner excepted against him wondring with what Confidence he could He Objects against the Evidence look him in the Face at that time The Prisoner objected against him that he was a person who was sworn against by two Persons to have a hand in the Plot and that being taken up and Conscious to himself that he was Guilty of such notorious Crimes and knowing he was pretty well acquainted with him he was afraid the Prisoner would swear against him and therefore he took the boldness to swear against him first But this was not allowed to be any Objection so that the Witness being ordered to proceed delivered his Evidence That he had been concerned in the Conspiracy and knew something of it but that he believed the Prisoner knew a great deal more That Mr. Rouse took him to the Kings-head Tavern in Swithings Alley whither after some time Mr. Goodenough came there being then a Club of Men that were of the Conspiracy That he had seen Goodenough before who had acquainted him that there was apprehension of the Rights and Liberties of the People being invaded and that it was time for them to look to themselves for Popery and Arbitrary Power were designed and therefore desired to know whither he would engage in that Affair to prevent it withal he told him the City of London and Middlesex was divided into Twenty parts That he told him his Acquaintance did not lye where he liv'd but he would get a Party where his Acquaintance lay That he acquainted Rouse and Goodenough what men he had spoke to That Mr. Goodenough told him the Design was to set up the Duke of Monmouth and Kill the King and the Duke of York but that all Parties must not know it that they were to tell some People there was like to be a Forraign Invasion and ask them what readiness they were in and if they were found to be Compliant in that then they might discourse with them about the other matter That he discoursed with several men about the Affairs That Goodenough told him that Sir John Moor was to be kill'd and the Aldermen and their Houses plundered and that there Sir Joh● Moor and several Aldermen to be kill'd would be riches enough which would serve to maintain the Army That then he acquainted Mr. Rouse with this business but that he knew of it before and told him he could raise Arms for a hundred Men but said nothing was to be done unless the K●ng were seized upon saying we might remember since 41. that the King went and set up his Standard therefore said He we will sieze them that they may not set up their Standard but withal he said he was for siezing them but not for shedding of Blood That Mr. Rouse acquainted him it was a very convenient thing to have a Ball played upon Black Heath and to that end that some Sea Captains should be spoken with and said He would engage ten A Ball to be played ●●on Black-H 〈…〉 who should manage that Affair and he that won the Ball should The T 〈…〉 to be siez take it But that when they had so done that every Captain ●hould take his Party and tell them they had other work and ●●en go with long-Boats and Arms and seize the Tower That he acquainted Goodenough with this who ask'd him the Charge of a Golden Ball which Mr. Rouse had told him would be ten or a dozen Pound to which Goodenough reply'd That if it were forty Pound he would be at the Charge of it all That Rouse had spoke several such Discourses to several Men at the Kings-head Tavern in his hearing That he heard he was Sworn against at the Kings-head in the Company of Rouse and Goodenough and that Rouse told him he should lye at his House That Rouse cut off his Hair and went to Mr. Batemans and fetch'd him Rouse Disguises the witness a Periwigg That Rouse and he went several times to view the Tower and took Mate Lee along with them That some time before that they had appointed to meet at Waping to speak with