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A63199 The tryal of the Lord Russel 1683 (1683) Wing T2227A; ESTC R219712 60,366 40

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THE TRYAL OF THE LORD RUSSEL July 13. 1683. My Lord Russel was set to the Bar within the Bar. Clerk of the Crown William Russel hold up thy hand which he did Then this Indictment was read which is as followeth THe Jurors of our Sovereign 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 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 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 Sovereign Lord Charles the Second King of England c. the 34th and diverse 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 diverse other Traitors to the Jurors 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 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 procure 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 he the said William Russel together with other false Traytors as a false Traytor then and there and diverse other Days and Times as well before as after Maliciously Trayterously and advisedly between themselves and with diverse other Traytors to the Jurors 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 Sovereign 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 saiest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copie of the Matter of Fact laid against me that I may know what to answer to it L. Ch. J. My Lord we can grant you nothing till you have pleaded Therefore that which is put to you now is whether you say you are Guilty or not Guilty L. Russel My Lord I am not Guilty Cl. of Cr. Culprit How wilt thou be tryed L. Russel By God and my Country Cl. of Cr. God send thee a good deliverance L. Russel My Lord I thought a Prisoner had never been arraigned and tryed at the same time I have been a close Prisoner L. Ch. Just For Crimes of this Nature My Lord we do it continually L. Russel It is hard my Lord. Mr. Att. Gen. My Lord hath no reason to complain for want of notice for since Monday seven-night he had notice of his Trial and the matters alledged against him he had notice of for Questions were put to him about this matter he hath been fairly dealt with he hath had the liberty of Counsel to advise him there hath been no sort of liberty denied him which becomes any Subject to have in this condition L. Ch. J. My Lord I do not know whether you hear Mr. Attorny He says your Lordship hath had a great deal of Favour shewn you already in that you have been acquainted with the Crimes for which you are now Indicted that you have had a great deal of warning given you that you have had the liberty of Counsel which hath not been known granted to any under your Lordships Circumstances He says he doubts not but your Lordship is prepared for your Defence because you have had so much knowledg and warning of the Time and Matter for which you were to be called in question L. Russel My Lord I am much to seek I only heard some general Questions and I have Witnesses that I believe are not yet in Town nor will be I believe till Night I think it very hard I can't have one day more Mr. Att. Gen. Monday seven-night your Lordship had notice L. Russel I did not know the matter I was charged with Mr. Att. Gen. Yes certainly for I was with you my self my Lord and those Questions you were examined upon were a Favour to you that you might know what the matter was you were accused of L. Ch. J. My Lord without the Kings consent we can't put off the Trial if the Kings Council think not fit to put it off we can't grant your Lordships Request in this Case L. Russel I would desire a Copy of the Pannel of the Jury that I might consider of it for how else can I make any just Challenge I thought the Law had been very favourable to Men upon their Lives and therefore it had allowed people to have some little notice L. Ch. J. Hath not your Lordship had a Copie of the Pannel I think your Lordship was allowed one We gave Order your Lordship should have a Copie of the Pannel Mr. Att. Gen. We did indulge him so far that he might have a Note of all the Men returned L. Russel I never had a Copie of the Pannel L. Ch. J. It was the fault of your Lordships Servants then for I gave Order for it my self 'T is such a favour that in regard a mans life lies at stake we never did deny it to my knowledge And therefore in this Case I gave order to the Secondary to deliver a Copie I know the King did not design to be hard upon my Lord in his Trial but that he should have as fair a Trial as ever any Noble
you are happy in having a Wise Son and a vvorthy Person one that can never sure be in such a Plot as this or suspected for it and that may give your Lordship reason to expect a very good Issue concerning him I know nothing against him or any body else of such a barbarous Design and therefore your Lordship may be comforted in it I did not hear this only from my Lord Howards Mouth but at my ovvn home upon the Monday after for I use to go to Totteridge for fresh Air I vvent dovvn on Saturday this happened to be on Friday my Lord being here I am glad for he can't forget this Discourse and vvhen I came to Tovvn on Monday I understood that my Lord Howard upon that very Sunday had been at Church with my Lady Chaworth My Lady has a Chaplain it seems that preaches there and does the Offices of the Church but my Lady came to me in the Evening This I have from my Lady L. C. J. My Lord What you have from my Lady is no kind of Evidence at all L. Anglesey I don't know what my Lord is I am acquainted with none of the Evidence nor what hath been done But my Lady Chaworth came to me and acquainted me There was some Suspicion Sir Geo. Jeff. I don't think it fit for me to interrupt a person of your Honour my Lord but your Lordship knovvs in vvhat place vve stand here vvhat you can say of any thing you heard of my Lord Howard vve are vvilling to hear but the other is not Evidence As the Court vvill not let us offer hear-says so neither must vve that are for the King permit it L. Anglesey I have told you vvhat happened in my hearing Then Mr. Howard stood up L. C. J. Come Mr. Howard What do you knovv Mr. Howard I must desire to say something of my Self and my Family first My Lord and I have been very intimate not only as Relations but as dear Friends My Lord I have been of a Family knovvn to have great Respect and Duty for the King and I think there is no Family in the Nation so numerous that hath expressed greater Loyalty upon vvhich account I improved my Interest in my Lord Howard I endeavoured upon the great Misunderstanding of the Nation if he be here he knows it to persuade him to apply himself to the King to serve him in that great difficulty of State which is known to all the World I sometimes found my Lord very forward and sometimes I softened him upon which partly upon his Permission and more upon my own Inclination of Duty I made several applications to Ministers of State and I can name them That my Lord Howard had a great desire of serving the King in the best way of Satisfaction and particularly in the great Business of his Brother I wonder'd there should be so much sharpness for a matter of Opinion and I told my Lord so and we had several Disputes about it My Lord I do say this before I come to the thing After this I did partly by his permission and partly by my own inclination to serve the King because I thought my Lord Howard a Man of Parts and saw him a Man that had interest in the Nation tell my Lord Feversham that I had prevailed with a Relation of mine that may be he might think opposite that perhaps might serve the King in this great Difficulty that is emergent and particularly that of his Brother My Lord Feversham did receive it very kindly and I writ a Letter to him to let him know how I had softned my Lord and that it was my desire he should speak with my Lord at Oxon. My Lord Feversham gave me a very kind Account when he came again but he told me L. Ch. Just Pray apply your self to the matter you are called for Mr. Howard This it may be is to the matter when you have heard me for I think I know where I am and what I am to say L. Ch. J. We must desire you not to go on thus Mr. Howard I must satisfie the World as well as I can as to my self and my Family and pray do not interrupt me After this my Lord there never passed a day for almost L. Ch. J. Pray speak to this matter M. Howard Sir I am coming to it L. Ch. J. Pray Sir be directed by the Court. Mr. Howard Then now Sir I will come to the thing Upon this ground I had of my Lords kindness I applied my self to my Lord in this present Issue on the breaking out of this Plot. My Lord I thought certainly as near as I could discern him for he took it upon his Honor his Faith and as much as if he had taken an Oath before a Magistrate that he knew nothing of any Man concerned in this business and particularly of my Lord Russell whom he vindicated with all the honor in the World My Lord it is true was afraid of his own Person and as a Friend and a Relation I concealed him in my House and I did not think it was for such a Conspiracy but I thought he was unwilling to go to the Tower for nothing again So that if my Lord Howard has the same Soul on Monday that he had a Sunday this can't be true that he swears against my Lord Russel This I say upon my Reputation and Honor and something I could say more he added he thought my Lord Russell did not only unjustly suffer but he took God and Men to Witness He thought him the vvorthiest Person in the World I am very sorry to hear any Man of my Name should be Guilty of these things L. Russel Call Dr. Burnet Pray Dr. Burnet did you hear any thing from my Lord Howard since the Plot was discovered concerning me Dr. Burnet My Lord Howard vvas with me the night after the Plot broke out and he did then as he had done before vvith Hands and Eyes lifted up to Heaven say he knew nothing of any Plot nor believed any and treated it with great Scorn and Contempt L. Howard My Lord may I speak for my self Sir Geo. Jeff. No no my Lord we don't call you L. C. J. Will you please to have any other Witnesses called L. Russel There are some Persons of Quality that I have been very well acquainted and conversed with I desire to know of them if there was any thing in my former Carriage to make them think me like to be Guilty of this My Lord Cavendish L. Cavendish I had the Honour to be acquainted with my Lord Russel a long time I always thought him a Man of great Honour and too Prudent and Wary a Man to be concerned in so Vile and Desperate a design as this and from which he would receive so little advantage I can say nothing more but that two or three days since the Discovery of this Plot upon discourse about Col. Romsey my Lord Russel did express something as
if he had a very ill Opinion of the Man and therefore it is not likely he would intrust him with such a secret L. Russel Dr. Tillitson He appears L. Ch. Just What Questions would you ask him my Lord L. Russel He and I happened to be very conversant To know whether he did ever find any thing tending to this in my discourse L. C. J. My Lord calls you as to his Life and Conversation and Reputation Dr. Tillotson My Lord I have been many Years last past acquainted with my Lord Russel I always Judged him a Person of great Vertue and Integrity and by all the Conversation and Discourse I ever had with him I always took him to be a Person very far from any such wicked Design he stands Charged with L Russel Dr. Burnet If you please to give some account of my Conversation Dr. Burnet My Lord I have had the Honour to be known to my Lord Russel several Years and he hath declared himself with much Confidence to me and he always upon all occasions expressed himself against all Risings and when he spoke of some People that would provoke to it he expressed himself so determined against that matter I think no Man could do more L. C. J. Will your Lordship call any other Witnesses L. Russel Dr. Cox Dr. Thomas Cox stood up Dr. Cox My Lord I did not expect to have been spoken to upon this Account Having been very much with my Lord of late that is for a Month or six Weeks before this Plot came out I have had occasion to speak with my Lord in private about these Publick Matters But I have always found that my Lord was against all kind of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary way I have had occasion often to speak with my Lord Russel in private and having my self been against all kind of Risings or any thing that tended to the disorder of the Publick I have heard him profess Solemnly he thought it would Ruine the best Cause in the World to take any of these irregular ways for the preserving of it and particularly my Lord hath expressed himself occasionally of these two Persons my Lord Howard and Col. Romsey One of them Col. Romsey I saw once at my Lords House and he offered to speak a little privatly But my Lord told me he knew him but a little I told him he was a Valiant Man and acted his Part Valiantly in Portugal He say'd he knew him little and that he had nothing to do with him but in my Lord Shaftsburys business He said for my Lord Howard he was a Man of excellent Parts of Luxuriant Parts but he had the luck not to be much trusted by any Party And I never heard him say one word of Indecency or Immodesty towards the King L. Russel I would pray the Duke of Somerset to speak what he knows of me D. of Som. I have known my Lord Russel for about two Years and have had much Conversation with him and been often in his Company and never heard any thing from him but what was very Honourable Loyal and Just L. Ch. J. My Lord does say that he has known my Lord Russel for about two Years and hath had much Conversation with him and been much in his Company and never heard any thing from him but what was Honourable and Loyal and Just in his Life Foreman of the Jury The Gent. of the Jury desire to ask my Lord 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 knowledge and the other by Hear say as to what he said of his own knowledge when I waited upon my Lord of Bedford and endeavoured to comfort him concerning his Son I believe I said 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 Russel but would speak of my Lord Russel 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 believe that I ought not to be believed 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 Falshood I ought not to be believed now But I will tell you as to that your Lordship knows that every 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 Paring and the Apple and I did say that if I were an Enemy to my Lord Russel 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 believe 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 Life and my own Soul L. Russel My Lord Clifford L. Ch. Just What do you please to ask my Lord Clifford L. Russel 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 believe otherwise L. Russel Mr. Gore Mr. Luton Gore I have been
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. Hambdens House the other at my Lord Russels 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 join 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 Kings 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 concern'd 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 Kings 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 surprise the Kings Guards which say they can have no other end but to seise and destroy the King and 't is a great evidence if my Lord Russel did design to seise the Kings Guards and make an Insurrection in the Kingdom of a design for to surprise the Kings Person It must be lest 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 seise his Guards which is urged as an evidence and surely is in it self an evidence to seise and destroy the King Upon this whole matter this is left to 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 of the Clock in the Afternoon when the Jury brought the said Lord Russel in Guilty of the said High Treason Saturday 14th July My Lord Russel was brought to the Barr. Cl. of Cr. WIlliam Russel Esq hold up thy Hand which he did Thou hast been Indicted for High Treason against our Sovereign Lord the King and thereupon hast pleaded Not Guilty and for thy Trial hast put thy self upon the Country which Country has found thee Guilty What canst thou say for thy self why Iudgment 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 English L. Russel In English The Clerk read to the words of Conspiring the Death of the King L. Russel 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 truly 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 their 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 was made for silence while Judgment was giving Mr. Recorder My Lord Russel your Lordship hath been Indicted and Tried 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 Evidence according to the Verdict It is the Kings pleasure signified by his Attorny 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 by the neck but cut down alive your Entrals 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 FINIS London
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 Novemb. 2. in the 34th Year of this King in the Parish of Bassishaw 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 seise the Kings Guards and His Majesties Person This is the Charge the Defendent saies 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 Jurie most of our Evidence against this honorable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Grey 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 secresie These Gentlemen had frequent meetings 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 seise the Kings 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 though 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 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 17. 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 4 hours warning but now it was come to pass he could not perform it that some Persons in the West would not join 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 carrie on this practice they took others into their Council Sir Tho. Armstrong was lest out and there falling that Scandalous Report upon my Lord Grey 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 At this Council there was this honourable Person at the Bar the Duke of Monmouth my Lord Howard and another honourable Person who I am sorry to name upon this account who hath this morning prevented the hand of Justice upon himself my Lord of Essex and Coll. Sidney and Mr. Hambden These Six had their frequent Consults at this honourable Persons house for they had excluded Sir Tho. Armstrong and my Lord Gray for these Gentlemen would have the Face of Religion and my Lord Gray was in their esteem so scandalous that they thought that would nor prevail with the people if he was of the Council There they debated how they should make this Rising after several Consultations they came to this Resolution That before they did fall upon this Rising they should have an exact accompt both of the time and method of the Scotch Rising and thereupon a Messenger was sent on purpose by Coll. Sidney viz. Aaron Smith to invite Scotch Commissioners to treat with these Noble Lords Pursuant to this just before the Plot brake out several from Scotland came to treat with them how to manage the work 30000 l. was demanded by the Scots in order that they should be ready in Scotland then they fell to 10000 and at last for the Scots love Mony they fell to 5000 which they would take and run all hazards but they not coming to their terms that broke off that week the Plot was discovered Gentlemen if we prove all these Instances besides we shall call some to shew you that all the inferior Party still looked upon these to be the Heads and tho' they kept it secret God hath suffered it to come to light with as plain an Evidence as ever was heard Sir Geo. Jeff. I will not take up any of your Lordships time we will call our Witnesses to prove the Fact Mr. Attorney hath opened Swear Collonel Romsey which was done Pray Collonel Romsey will you give my Lord and the Jury an Accompt from the beginning to the end of the several Meetings that were and what was the Debates of those Meetings Col. Romsey My Lord I was at my Lord Shaftsbury's Lodging where he lay down by Wapping about the latter end of October or the beginning of Novemb. and he told me there was met at one Mr. Sheppards house the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and he desired me to speak to them to know what resolution they were come to about the Rising of Taunton I did go there accordingly and call for Mr. Sheppard and he carried me up where they were and the Answer that was there made me was That Mr. Trenchard had sailed them and there would be no more done in the matter at that time Mr. Att. Gen. Tell the whole passage Col. Romsey I did say my Lord Shaftsbury had sent me to know what resolution they had taken about the rising of Taunton They made me this answer that Mr. Trenchard had failed them that he had promised 1000 Foot and 300 Horse but when he came to perform it he could not He thought the people would not meddle unless they had some time to make provision for their Families L. Ch. Just Who had you this Message from Col. Romsey Mr. Ferguson did speak most of it L. Ch. Just Who sent this Message back Col. Romsey Mr. Ferguson made the Answer my Lord Russel and the Duke of Monmouth were present and I think my Lord Gray did say something