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A61188 A true account and declaration of the horrid conspiracy against the late King, his present Majesty, and the government as it was order'd to be published by His late Majesty. Sprat, Thomas, 1635-1713.; Oliver, John, 1616-1701, engraver.; England and Wales. Sovereign (1685-1688 : James II) 1685 (1685) Wing S5068AA; ESTC R221757 86,115 235

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Treasons Walcot and Ferguson the latter of them having been forc'd for some time before to abscond too because of a Warrant out against him for Publishing some one or other of his many Treasonable Pamphlets That was the last considerable Effort made by the Earl of Shaftsbury against the King and Kingdom After this nothing more was heard of him but that being got into Holland in a Panick fright he lived obscurely and soon after died in Amsterdam having few or no other Companions of the last part of his Life but several miserable English and Scotch Fugitives who had formerly been the Instruments of his Trayterous Practises and were forc'd to fly the stroke of Justice on that Account So that he could not but know that all those about him in his Sickness and Death had Just reason to hate and curse him as their principal Seducer and cause of their Ruine Nor can such an end of such a Life be justly reflected on without a special Adoration of the secret Counsels of the Divine Providence That he who a little before was generally esteem'd the Head and Protector of all the Factious in the Kingdom whom he vouchsafed to distinguish and Honour by the Title of Worthy Men and the Terror and Scourges of all the Good and the Loyal whom he mark'd out and design'd for Destruction and Slaughter under the Name of Men Worthy He who in his own conceit had so much the absolute disposal of the Hearts and Hands of all the Disaffected as to be able to subvert the Establish'd Government when he pleased and had really once gone very far to effect it had not his own Presumption Defeated his Malice That this very Man having seen all his hopes and contrivances dash'd in Pieces at home should have nothing left to do but to take shelter in that Commonwealth which in his former Greatness he had so mortally provok'd there to lead a Life of Disgrace and Misery and to Dye neglected in a Country of which he had formerly express'd so great a Hatred And yet still retaining so much Venemous Rancour against his most Gracious Master as to profess with his last Breath that he had deservedly receiv'd his Deaths Wound meaning the bruise in his Side and now his Death in that Country where he had done his own so much Mischief When he was one of the Commissioners sent thither in the Year 1660 to invite His Majesty home freely and without Terms After this though the Earl of Shaftsbury was gone yet the impressions of Mischief he had left behind on the minds of the Confederates would not so easily vanish They soon reflected on his last advice that so many having been made Conscious to the Design they should certainly find more safety in pushing it on boldly than in too late a Retreat Upon this immediately they recover'd their Spirits and Resolution which his hasty flight had somewhat Damp'd thenceforth they renewed their Consultations with greater vigour than before The Principal Managers having their frequent Meetings as also the inferior Instruments theirs whilst some of each Number gave secret intimations to the other of what was passing in their separate Assemblies Of the great Council of Six the Consults that have been hitherto plainly testifi'd and sworn to were those at Mr. Hambdens at the Lord Russels and at Mr. Shepards The Subordinate Cabals were kept in divers places in and about the City As in the December of that Year at Colonel Romzey's House in the Soho Square in the next February at West's Chamber in the Temple about which time it was agreed that Ferguson should be sent for as he was and came over accordingly Then their Meetings were more frequent upon the Kings being at Newmarket and after Usually at West's Lodging for the conveniency of its situation Or in common Taverns As at the Miter within Aldgate The Horse-Shooe on Tower-Hill The Fortune at Wapping The Syracusa-House The Kings-head in Atheist-Alley The Salutation and the George in Lumbard-Street on June the Twelfth the very Day of the Discovery they met at the Sun-Tavern behind the Exchange on June 14 they met at Bailly of Jerviswood's Chamber and again in Bartholomew-Lane and at the Green-Dragon on Snow-hill and so continued to do some where or other till they totally dispers'd from Walcot's Lodging in Goodman's Fields Their Meetings being so generally in places of Publick Entertainment Therefore to prevent the Observation of Drawers and Servants they often discours'd of their whole Bloody Business in a Canting Language of their own making The King was sometimes call'd the Church-Warden of Whitehall The King and Duke the Black-Bird and the Gold-Finch the Captain and Lieutenant Provisions of Arms as Blunderbusses Muskets Pistols were talk'd of under the disguis'd Names of Swan-Quills Goose-Quills Crow-Quills The Insurrection was styled the General Point the Assassination the Lopping Point and striking at the Head And because several of the Conspirators were Lawyers it was sometimes agreed that their wicked intentions against the King and the Duke should be veil'd under the terms of Dissesing him in Possession and barring him in Remainder At other times the Killing of both pass'd for executing a Bargain and Sale as being a short manner of Conveyance and the Rising in Arms as the longer and more tedious way for executing a Lease and Release The Villains thus wantonly abusing the Innocent Terms of the excellent Profession of the common Laws of England to cover their horrid Designs against His Majesties Person and Crown whose Preservation and Prosperity is the great end and sense of all those Laws But for the most part when they were free and amongst themselves they discours'd of the whole contrivance in plain Language and without reserve their common Healths being such as these To the Man who first draws his Sword against Popery and Slavery in defence of the Protestant Religion Confusion to the two Brothers Popery and Slavery explaining the same to be meant of the Royal Brothers of Whitehal And when some of them who were less harden'd in Cruelty express'd some kind of consternation and dread of the Consequences of so dire a Stroak and desir'd the Infamy of it might be thrown on the Papists others particularly Ferguson declared They thought the Action too good to have the Papists carry away the Honour of it and often applauded it as a Glorious Work That it would he an Admonition to all Princes to take heed how they Oppressed their Subjects That he hoped to see the Fact rewarded by a Parliament and the Actors in it have the Honour of Statues erected to them and the Title of Preservers of their Country So also when Nelthrop Walcot and some few others readily declar'd themselves willing to joyn in the Insurrection but shrunk a little at first at the horrour of the Assassination R. Rumbald and R. Goodenough with monstrous impiety maintain'd the Kings and the Dukes Murder as the more pious Design of the two and recommended it as keeping
Numerous Meeting at Theobalds where Rumbald was his frequent Hearer William Spence who had been Comptroler and was now Employed as Secretary to the Earl of Argyle taken in London under the Name of Butler John Nisbet born in Northumberland bred up at the University of Edenburgh where he was the Leader of those Seditious Students who rais'd a Tumult upon occasion of Burning the Pope in that City But of all the Conspirators whether English or Scotch the Man to whom next the late Earls of Shaftsbury and Argyle belong'd the chief place and precedence in the whole Diabolical Design was Robert Ferguson a Scotch-Man he had been divers Years a fierce Independent-Preacher in the City of London and had long Brandish'd his Poys'nous Tongue and Virulent Pen against the Government He is manifestly convicted to have had a Hand in the most Scandalous Libels of those Times And was always particularly cherished magnified and maintained by the Party for his peculiar Talent in aspersing the Government and reviling His Majesties Person So that upon all Accounts of his restless Spirit fluent Tongue subtil Brain and hellish Malice he was perfectly qualifi'd to be the great Incendiary and common Agitator of the whole Conspiracy and after Shaftsbury's Death it cannot be denied but he was the Life and Soul of all especially for the carrying on of the Assassination These Persons appear hitherto to have been the principal Contrivers or Instruments of the whole Treason in the Kingdoms of England and Scotland Divers others there are concerning whom more than conjectural Proofs may be given of their being engaged in it But His Majesty is willing to spare particular Names as far as may stand with the Necessary and Just Vindication of his Government It may suffice that of these His Majesty has here allowed to be mention'd the World is abundantly satisfied that the several Shares they undertook in this Conspiracy were very agreeable to their former well known perverse Principles and declared Disaffections to the Government It is therefore certain that in the Year 1682 before and especially after Midsummer-Day when the great Business of Electing the City Sheriffs came of course to be Agitated the whole Factious Interest in and about the Town prepared to employ the Main of their Power and Craft in preventing the Swearing of the True Sheriffs on the Michaelmas-Day ensuing All which time nothing was omitted by the Disloyal Citizens and great Numbers of Strangers unduly mingled with them in all their Assemblies to elude or terrifie the Honest Zeal of the Loyal and to deceive and gain over the doubtful Members of the City Whether by direct or indirect ways it matter'd not For just about that time the New and Devilish Invention came to be most in Vogue by which they made the receiving all Oaths and taking the very Blessed Sacrament of the Lords Supper to be only an Instrument for the promoting their pretended Godly Designs Wherefore in that space of time all imaginable prophane and seemingly holy Cheats and Prevarications were Practis'd All sorts of Arms never before known to be procured in such Quantities by private Persons such as Blunderbusses Steel Armor cover'd with Silk and the like were carefully sought after and bought up The most improbable false Rumors fill'd every Street That now all true Protestants were to be Massacred in an Instant That such Sheriffs were Nominated as had contented to be the Executioners That Popery was speedily to be Introduced barefac'd and in Triumph That all faithful Adherents to the Government were but Papists in Mascarade Popery being still made the Word of Alarm to excite and exasperate the Populace Though it is manifest the Authors of all those Clamours against Popery never intended its Suppression For that would not have consisted with their Design which was by the Popular Dread of it upon all Occasions to shake the Crown and undermine the Church of England The Truth is to such a heighth of Arrogance were things grown on their side that whoever shall indifferently reflect on the dangerous Devices slanderous Reports and Writings and other violent Emotions of the whole Party that Summer in the City they will have just cause to conclude that the course of their Proceedings was not so much a Civil Struggle against their Fellow-Citizens for Victory in the Peaceable Choice of Two subordinate Officers of justice as a Decisive Contention for a Mastery over the whole Government Yet however cunningly the Train was laid it took no effect but on themselves The Noise and Rage of all their Mutinous Routs in Taverns and Coffee-Houses vanish'd into Air. Sir John Moor the Lord Mayor together with the greater number of wiser richer and better Citizens understood rightly and stuck unmoveably to the Kingdoms and their own true Interest Mr. North and Mr. Rich were quietly admitted and sworn Sheriffs at the appointed time with the usual Solemnities Immediately after this the very same Night the Earl of Shaftsbury privately withdrew from his own House redoubling his old Exclamations of Popery Tyranny Superstition Idolatry Oppressions Murders Irish Witnesses of whose Subornation no Man in the three Kingdoms could have given a more exact account than himself Whilst he thus lay secret in the City Romzey Walcot Ferguson Goodenough and others his Complices daily frequenting him they applied themselves with all diligence to expedite the Rebellious Work before projected His Vain-glory and the Conceit of his own Dexterity and his former constant success in making Confusions inclining him to fancy what his Flatterers suggested that the whole City and Kingdom were at his beck and upon the holding up of his Finger would presently rise in Arms to extirpate the two Brothers Slavery and Popery as they were lewdly wont in their private Debauches to style the King and his Royal Righness The said Earl of Shaftsbury had some time before let on foot a Treaty with the Earl of Argyle who after his escape out of Edenburgh-Castle came privily to London held divers Meetings with the Confederates and offer'd that for 30000 l. Sterling he would make a sturdy Commotion in Scotland But the Sum of Money demanded being so considerable and many other Scruples started and unforeseen Difficulties rising which could not so presently be removed as Argyle's pressing danger required he first quitted the Field and retired into Holland with intention there at a greater distance and more security to renew and prosecute the same Proposal About that time also both ways of destroying these Kingdoms were brought under their Consideration the general way of an Insurrection and the more compendious way as they call'd it of Assassinating the King and Duke in their return that October from Newmarket The Insurrection was instantly promoted on all Hands in Town and Country But the Assassination having then not been soon enough thought on went no farther than Discourse to be afterwards resumed and more deliberately provided for against the next Opportunity In the mean while the long expected Michaelmas-Day
shortly after this the Deponent went to Colonel Sydney's and found him just going into London That the said Colonel took out of a Cabinet several Guinea's saying They were to be given to Aaron Smith for his Expences That he was sent accordingly and the Colonel told the Deponent afterwards He was gone and was upon the Road and that he had heard from him when he was about Newcastle It was next plainly prov'd That those Scotch-men came up soon after Smith arrived there This was sworn by Sir Andrew Foster that Cockran Monroe and the two Cambels came to Town about the end of the Spring or the beginning of Summer Cockran and Monroe pretending their Business was a Purchase in Carolina and that upon the very first rumour of a Plot Cockran absconded Monroe and the Cambels were taken To this purpose Attherbury the Messenger also deposed That about the end of June or the beginning of July 1683 he was sent by His Majesties Warrant into London upon a Discovery of some Scotch-men lodging in Black-Friers but the Common-Sergeant of the City and others having been there before him found them making their escape in a Boa● That the Persons were Sir High Ca●●●l Cockran and another That this was after they had been in Town but a little while The next Head of the Accusation concern ' d the Treasonable Pamphlet sound in Colonel Sydney's Study at the time of his Apprehension To this first Sir Philip Lloyd Clerk of His Majesties Council deposed That having been sent by the King and Council to seize Colonel Sydney's Papers he did go and put up what he found in his Closet That he found those Papers now given in Evidence lying upon his Table where he usually writ That he seiz'd them towards the later end of June That having put them up he offer'd Colonel Sydney that he might Seal them with his own Seal but he refusing the Deponent set his Seal to them and so deliver'd them to the Council Next it was made out by as firm Proof as such a Matter will bear That all the Sheets produced were of Colonel Sydney's own Hand-writing which was evidenc'd by Mr. Shepard Mr. Cook and Mr. Cary Men of known Repute and Credit who had long dealt with Mr. Sydney in Matters of Mony and had paid divers Bills of Exchange for him upon Notes written in the same Hand and were never call'd to any account for Mis-payment Then were the Papers read containing rank Treason almost in every Line For therein were broach'd and asserted many horrible Doctrines both against Monarchy in general and the English Monarchy in particular which according to the usual false Reasoning of all Republican Writers he endeavour'd to justifie by divers Quotations and Examples of Sacred and Prophane History grosly perverted and misapplied against the present Government of his Country In short the whole design of those Papers was to maintain That Tyrants may be justly deposed by the People and that the People are the only Judges who are Tyrants And peculiarly concerning this Nation there are these Expressions The Power originally in the People of England is delegated to the Parliament He the King is subject to the Law of God as he is a Man to the People that makes him a King in as much as he is a King The Law sets a Measure to that Subjection The Parliament is Judge of the particular Cases thereupon arising He must be content to submit his Interest to theirs since he is no more than any one of them in any other respect than that he is by consent of all rais'd above any other If he doth not like this Condition he may renounce the Crown But if he receive it upon this Condition as all Magistrates do the Power they receive and swear to perform it he must expect the Performance will be exacted or Revenge taken by those he hath betray'd And in another place he says We may therefore change or take away Kings without breaking any Yoak or that is made a Yoak which ought not to be one The Injury is in making and imposing and there can be none in breaking it And in another That the People must needs be the Judge of what happens between them and the King whom they did constitute And in another that as for the Peoples being Judges in their own Cases it is plain they ought to be the only Judges And in another That the Power of calling and dissolving Parliaments is not in the King And in another ' That the general revolt of a Nation from its own Magistrates can never be call'd a Rebellion These are some of the Treasonable Tenets contain'd in Mr. Sydney's Papers amongst many other Assertions that are equally Criminal but too long to be here inserted Concerning all which villanous Opinions this is certainly known and confess'd by all good Men That as they laid the Foundations of the late miserable War against his Majesties blessed Father and thereby occasion'd the spilling so much Blood even of the Royal Blood it self so when-ever the Multitude shall be infected with the like Antimonarchical Doctrines it will be impossible for the best Kings or the most happy Kingdoms in the World to be free from perpetual Treasons and Rebellious Plottings To all this Colonel Sidney's Answer being only made up of most of the same Pleas in Law that had been over-ruled and the same objections against the Lord Howard which were satisfactorily repell'd in the former Tryals besides that he only barely deny'd the sending of Aaron Smith and his having any hand in or knowledge of that Message And as for his Treasonable Papers he would not grant them to be his or if they were found in his Study he affirm'd That they might have been written many Years ago in answer to Sir R. Filmer 's Book of Monarchy and written with no intention of publishing them but only for private diversion and the exercise of his Pen. In short his Defence consisting rather in Nice Cavils at the known Forms of Law or Discourses ridiculing the Design of a Council of Six and the whole Conspiracy it self than in any solid Arguments or Evidence to invalidate the Witnesses or to clear himself from the Crimes proved upon him he was presently found Guilty His Execution in respect of his Quality His Majesty altered from the usual Punishment of High Treason into that of Severing his Head from his Body At the time of his death on December the 7th he also deliver'd the Sheriffs a Written Paper Wherein after having excused his not speaking what he wrote by alledging this reason among others That this was an Age which makes Truth pass for Treason he objects against the Lord Howard the Infamy of his former Life which Objection no Man in England had less cause to make than himself the Lord Howard and he having been known to be entire Confidents Familiars and Friends for many Years past of their Lives and till the very time of the Discovery Touching
left him taking another Guide appointing him to come after as fast as he could to Jadburgh That the Deponent overtook him there on Sunday and on Monday Morning saw him take Horse with another Guide for Scotland saying he was going towards Douglas That Bell presently went back to Newcastle where he saw Smith and discours'd with him upon his return out of Scotland Then it was also proved by Sir Andrew Foster and Attherbury That the Scotch-Men sent for by Smith's Message did come and staid in Town till upon the Discovery of the Plot they were either taken or absconded By this plain Evidence of the several Stages of Smith's Journy that Treasonable intercourse with Scotland was made out beyond all possibility of Confutation So that from the very time of the Consultations at Mr. Hambden's and the Lord Russel's about sending a Messenger the Truth of Colonel Sydney's undertaking to send one of his naming Aaron Smith for the Messenger of Smith's going to Scotland of the Scotch-Mens coming up that were sent for and of their being surprized endeavouring to hide themselves upon the first breaking forth of the Plot all this appears to be indisputably confirm'd and trac'd step by step almost from Day to Day especially if these Newcastle Mens Depositions shall be compar'd with the Testimony that is subjoyn'd of two Scotch-Men Thomas Steil and Oliver concerning Aaron Smith's actual arrival in Scotland and what he did whilst he was there at that time The issue was Mr. Hambden was immediately found Guilty of the High Trespass and Misdemeanor and thereupon fined 40000 l. to the King and order'd to give Sureties for his Good Behaviour during Life A Punishment that cannot but be esteem'd very moderate considering the Nature of his Crime which nothing but the want of another positive Witness could have made less than High Treason And the King cannot but here take this occasion once for all to give the World Notice of this Infallible Instance of his mild and merciful Proceedings towards the Conspirators For His Majesty does solemnly declare That if he had not granted the Duke of Monmouth's Request That he would not make him a Witness neither Mr. Hambden nor scarce any one Man of all those that were freed upon Bail had escaped Death Not to mention divers others whom the said Duke of Monmouth named as Parties in the Conspiracy that were never yet question'd On the 14th of June 1684 Sir Thomas Armstrong having been taken in Holland was brought to the Kings-Bench Bar upon an Outlawry against him for High Treason Whereupon the Kings Attorney demanded An Award of Execution Since upon his not appearing when formerly Indicted of High Treason he was now by the course of Law attainted for the same Armstrong being ask'd What he could say for himself alledg'd He was beyond Sea at the time of the Outlawry and beg'd he might be Try'd It was answer'd That after a Record of Outlawry the Judges had nothing to do but to appoint Execution Against this Armstrong urg'd That by the Statute of the 6th of Edward the Sixth the Person Outlaw'd had a Years time to Reverse the Outlawry if he were beyond Sea The Bench reply'd That by the plain words of that Statute none could have the benefit of it but such as within one Year should yield themselves to the Chief Justice of England and offer to Traverse the Indictment upon which the Outlawry was pronounc'd To this Armstrong pleaded That the Year not being yet out he did now render himself to the Chief Justice But that Plea not being admitted because he did not yield himself according to the sense of the Act but was brought a Prisoner and so could have no Advantage of the Proviso in the Statute Armstrong alledg'd That the same Favour had been lately granted to another meaning Holloway who though he was in the same condition of Outlawry yet was offer'd to take his Tryal if he pleas'd It was answer'd That was done out of the meer Grace and Favour of the King who if his Majesty thought good might extend the like Favour to him also But that was not the business of a Court of Justice they were only to take care to satisfy the Law Moreover the Kings Attorney acquainted the Court That the Prisoner at the Bar deserv'd no fort of Indulgence or Mercy from the King not only for that when he was seiz'd beyond Sea Letters of fresh Communication with Foreign Ministers and other People were taken about him but also because it appear'd to His Majesty by full Evidence positively given That after the Disappointment of the Meeting at the Rye by Gods Providence in the Fire at New-market Armstrong was one of the Persons that actually engag'd to go upon the Kings hasty coming to Town and to destroy him by the way as he came Then was he order'd to be Executed June the 20th At the place of Execution he likewise deliver'd the Sheriffs a Paper wherein he continued to Object against the legal Course of the Proceedings upon him complaining That with an unordinary roughness he had been condemn'd and made a President though Holloway being also Outlaw'd had his Tryal offer'd him a little before As to the new Evidence against him which the Kings Attorny mention'd at the Kings-Bench he only answer'd it by a bold and flat denial affirming upon his Death He never had any Design against the Kings Life nor the Life of any Man both which may be easily allow'd to be equally true But to evince the contrary as to the Kings Life it will be sufficient to set down the very words of the Lord Howard's Deposition together with the Testimony of Colonel Romzey which the Kings Attorney had then ready to produce amongst many other old and clear Proofs to convince him of designing the Kings Destruction The Lord Howard having first confess'd some Discourse between the Duke of Monmouth and himself in October of 1683 wherein the said Duke had proposed the failing on the King at Newmarket goes on in these words Upon Reflection I am apt to think that from this time and not before the Design of way-laying the King in his return to London was first meditated And I am the more confirm'd in this Opinion from the Consideration of the Behaviour of the Duke of Monmouth and the Lord Gray who seem'd to be very big of expectation of some great thing to be attempted upon the Day of the Kings coming from Newmarket upon which Day as I have before observ'd Sir Thomas Armstrong was not to be found till the Kings Coaches were come into Town And I do verily believe he was to have Headed the Party This very Particular the Lord Howard gave in upon Oath among his first Confessions to His Majesty Nor can any Man think it sufficient to invalidate the Truth of this that Armstrong in his last Paper calls it a base Reflection affirming He could have prov'd it to be a manifest falsehood considering that Colonel