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A63179 [The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...] Hampden, John, 1656?-1696.; England and Wales. Court of King's Bench. 1685 (1685) Wing T2193; ESTC R4697 75,252 56

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any thing else Men have died for the Truth and we Look upon those as Martyrs and the best of Martyrs that dye for the Truth Now that this Noble Lord or that any man should call this a Drudgery which is so manifest a Duty by giving a true Testimony to preserve the King's Life and support the Government against the Contrivance and Conspiracies of Evil men is but an odd Insinuation and truly I think is rather to be taken in this sense as to my Lord That he did strain a little to make his Discovery the more profitable to him and so did say more so far I may safely go then any one else did say And my Lord This is that that I would observe upon the first part of the Evidence As for that part that Concerns Aaron Smith the Evidence given by Sheriffe and Bell I submit that to your Lordship how far that can any way affect Mr. Hambden the Defendant It is introduced to Fortify the Testimony of my Lord Howard and it is introduced by himself thus That at their Meeting at Mr. Hambden's House there was a Discourse of some Assistance to be had from Scotland but sayes he at the second Meeting at my Lord Russels then it came to a further discourse and Collonel Sidney did undertake to name a Person to send thither and a Person was named he does not say Mr. Hambden was concerned in it or that Mr. Hambden named the man or any thing particular as to Mr. Hambden more then that he was in the Company Mr. Hambden had no hand in the undertaking or sending him into Scotland that was altogether the part of Mr. Sidney save this that he sayes my Lord Russel Writ the Letter that was to go by him It does not appear Mr. Hambden was at all concerned in it but only was there L. C. Just And consented to it Mr. Williams I would not strain any thing my Lord further than the Evidence is L. C. Just Nor do not Misrepeat it neither Mr. Williams I design not any such thing my Lord. L. C. Just But you do though For he Swears it every one of them consented Mr. Williams By silence it must be then For he does not say That he said any thing He Swears only Collonel Sidney undertook to manage it to send a Person and my Lord Russel to write the Letter L. C. Just And all the rest Consented to it Mr. Williams What is meant by Consent when nothing was said I must leave to the Jury I must agree the L. Howard did Swear that my Clyent was in their Company but how far he did or did not Consent does not at all appear and how far this will Charge my Clyent I must leave to you Gentlemen But the Proof as to this matter stands thus that Aaron Smith was at New-Castle in February last that he went publickly Now my Lord Howard sayes that he went to agitate a Confederacy between the Malecontents of Scotland and those in England Now it is strange that a man that was to agitate such a Concern should go publickly with a Servant to New-Castle so publickly as to be known again and of his own accord tell them he was going to such a place in Scotland And be it so in Fact Will any man apply this to any thing was done before as my Lord Howard sayes about a Consultation to joyn in Rebellion Will any man think that he should talk at that kind of rate if that were his Employment and tell whether he were going But I rely upon this in point of Evidence 'T is not proved yet that Aaron Smith was in Scotland That he came within Six miles of the Borders of Scotland is proved but it is not proved he was in Scotland or did Agitate any Conspiracy there or did any thing more than go within Six miles of the Borders of Scotland But then they would press it further and they say that there were some Scotch Gentlemen that in the Summer came here into England and that they hid themselves when the Plot was Discovered It does not appear my Clyent had any Conversation with these Scotch Gentlemen or any of them or was ever in their Company 'T is a very remote inference to bring any thing of this to affect my Clyent in this High Charge My Lord We shall add one thing more to disprove that part of the Indictment that layes the Imputation of Turbulency and Sedition to the Charge of Mr. Hambden and which also will shew the improbability of his being concerned in any thing of this Nature We shall prove him to be a Person of a sober Conversation of a retired Life and studious Disposition and as an Evidence for the Defendant we shall prove that he in October 1680. left England for his Healths sake and went into France for the recovery of his Health He continued there till about Michaelmas was Twelve Month then he returned 'T is true he continued in England from Michaelmas to the time they speak of but we shall make it plain that in February my Clyent and my Lord Mountague had adjusted matters between themselves to go the beginning of Summer again into France there to continue and abide some time for their Healths Here is a strange kind of imagination that this Contrivance between my Lord Howard and my Lord Shaftesbury that was going on before this time and that was Disappointed and my Lord Shaftesbury went away and afterwards Dyed in Holland was taken up by my Clyent and those other Persons when my Clyent as we shall prove never intended to stay in England My Lord he was a Parliament-man in both the last Parliaments but appeared in neither of them being all the while in France for the Recovery of his Health We shall prove him to be one Studiously inclined that he lived a Retired Life and kept very little or no Company and you will hear from Persons of very great Honour and Quality what he is as to his Person and as to his Opinion and then we shall submit it to you Gentlemen of the Jury whether you can believe him Guilty of this he is Charged with which is your Issue You are to try whether he be Guilty or Not Guilty of the Crime Charged in the Indictment Mr. VVallop My Lord and Gentlemen of the Jury I desire to make one Observation before we call our Witnesses L. C. J. Pray do not take up our time altogether in Speeches but go on to your Evidence Mr. Wallop I desire to observe but one thing my Lord. L. C. J. Make your Observations at last but spend not our time in Speeches I know you will expect to be heard at last and so you shall whatever you will say Mr. Williams Call the Earl of Anglesey the Lord of Clare and Lord Paget Mr. Ducas who appearing was sworn Now we have him here we must begin with him my Lord. Mr. Ducas Pray what did you hear my Lord Howard say at any