way that Money might be collected without Administring Jealousie That after this the Deponent met no more with them but when he return'd out of the Country he was inform'd Aaron Smith was come back and that Sir John Cockran was also come to Town Then Attherbury the Kings Messenger deposed that the foresaid Cambel and his Son were taken in London making their escape out of a Window in a Woodmongers House four Days after they had been in Town during which space they confess'd they had chang'd their Lodgings three Times and that they and Mr. Baillie of Jerviswood came to Town together Against this Evidence the Lord Russel's defence besides some Objections in point of Law wherein he was over-ruled by the Opinion of all the Judges there present was to this purpose That the two times they met was upon no form'd Design only to talk of News and of things in general That the Lord Howard having a voluble Tongue they delighted to hear him discourse That he knew of no such Council of Six chosen for who should chuse them That the Witnesses against him swore to save their own Lives and therefore could not be credible That Romzey was notoriously known to have been highly obliged by the King and the Duke and it was strange he should be capable of such a Design as to Murder the King that no Body then could wonder if to save his own Life he should endeavour to take away anothers That the time by the 13th of the King was elapsed since the Prosecution was not made in the six Months That a Design of Levying War is no Treason except it appear by some Overt Act That there was but one Meeting at Shepard's House nor was he ever there but once That then he came late staid not above a quarter of an hour tasting Sherry with Shepard and that there ought to be two VVitnesses to one and the same thing at the same time Then he produced VVitnesses to prove that the Lord Howard before he was taken declar'd He believ'd the Lord Russel innocent and knew nothing against him The rest of his Justification consisted of the Testimony of several Persons concerning the Virtue and Sobriety of his former Life As to what concern'd the Lord Howard's saying He believed the Lord Russel not to be guilty it was answer'd by the Lord Howard himself That he confess'd he had said so being then himself not a cused so that he intended to out-face the thing both for himself and the Party but now his Duty to God the King and his Country requir'd it he must say the Truth and that though the Council of Six were not chosen by any Community yet they did erect themselves by mutual Agreement one with another into that Society The rest was answer'd by the Kings Learned Council at Law That he was not Try'd upon the 13th of the King but upon the 25th of Edward the Third That to Raise a Conspiracy within the Kingdom is what is call'd Levying War by that Statute That to design to seize on the King or to depose him or to raise the Subjects against him hath been setled by several Resolutions of the Judges to be within that Statute and Evidences of a Design to kill the King That in Cases of Treason it is not necessary there should be two VVitnesses to the same individual Fact at the same time but if there be two VVitnesses of things tending to the same Fact though at several times and upon several occasions it is sufficient That if there be one Witness of one Act of Treason another of a second another of a third they will be enough to Convict a Man of High Treason That so it was determin'd by the Opinion of all the Judges in England and by the Lords in Parliament in the Lord Stafford's Case It was farther urged That the VVitnesses against the Lord Russel were not profligate Persons nor Men who wanted Faith and Credit before that time but such against whom there had been no legal Exceptions made by himself That there was no Contradiction no Correspondence or Contrivance at all between them and that it cannot be imagined such Men should Damn their own Souls to take away the Life of a Gentleman against whom they had no Quarrel As for Romzey's being much obliged to the King and the Duke That it was apparent by many Instances that no such though the greatest Obligations had hinder'd ill Men from Conspiring against his Majesty For was not the Earl of Essex were not divers others of the Conspirators in like manner obliged and advanced in Estate and Honour by the King As to their coming only to Shepard's to taste VVine it was said That could not have been the end of their Meeting VVhy did they then come so privately VVhy then did they order none of the Servants to come up It was plain the Design they met on requir'd only such Persons to be present as had an Affection for the Cause It was also urg'd That it is not a good Objection against a Mans being Evidence in High Treason that he himself was engaged in it but that such Men are the most proper Persons to be Evidence none but they being able to detect such Counsels As for the several Divines and Men of Honour and Quality produced to testifie the Virtue and Sobriety of the Lord Russel's Conversation it was answer'd That an Affectation of Popularity has often proved a Snare strong enough to tempt many Men who have otherwise been of great Temperance and Virtue Nor indeed can there be any more dangerous Enemies to a State or Kingdom than such as come sober to endeavour its Destruction VVhich old and true Observation was signally exemplified in this particular Case of the Lord Russel For West deposed That the Underacters in the Treason most depended on the said Lord for this very reason because they look'd on him as a Man of great Sobriety Upon the whole Process he was found guilty of High Treason But in stead of Drawing Hanging and Quartering the usual and legal Penalty of that Crime the Execution was by his Majesties Clemency chang'd into that of Beheading Though it is well known this very Prerogative of the Kings having it in his Power to alter the Punishment of High Treason had been vehemently disputed by the Party and particularly by the Lord Russel himself in the Lord Stafford's Case The said Lord Russel at the time of his Death which was the 21st of that Month deliver'd a Paper to the Sheriffs and left other Copies of it with his Friends whereby it was immediately dispers'd amongst the People the general drift of it being to make odious Insinuations against the Government invidious Reflections on the Ministers of his Majesties Justice and undue Extenuations of his own Fault As to the whole Matter of it Time the best Discoverer and Light of Truth has since shewn it to be full of Enormous Falshoods And for the manner of its Composure
compleat Deduction of the said Earl's part in the design'd Insurrection Immediately after the Cyphers this follows in words at large The Total Sum is 128 Guilders and 8 Stivers that will be paid you by Mr. B. Which last Clause was the Rule whereby Mr. Gray found out and Spence discover'd the Decyphering of the whole Letter and it was accordingly done by each of them apart by making eight Columns and placing 128 words in each Column descending as upon view of the Authentick Printed Copies will appear to any Man beyond all Contradiction In short this Letter of the late Earl of Argyle's was known by many of the Privy Council there to be his Hand and his own Lady upon Oath deposed She knew it to be his though she did not know the Contents of it And such is the Account that is to be given of the said Earl of Argyle's Loyalty which he had desir'd might be the only Standard in what sense he would take the Test. Hitherto he had been by Inheritance Lord High Admiral and Justice General of Argyle Tarbat and the Isles and great Master of the Houshold He was by his Majesty put into Places of great Dignity and Trust he was made extraordinary Lord of the Session one of his Majesties Privy Council and one of the Lords Commissioners of the Treasury And after his Fathers Condemnation for the highest Crimes and his own Forfeiture of his Honour and Estate for Treasonable Expressions in a Letter of his he was restor'd to all his Father possess'd except the Title of Marquiss But notwithstanding all these and many more Obligations of the like nature which he had to his Majesty his fondness of esteem with the Factious People his aversion to Monarchy and hatred of the Royal Family particularly of the Duke of York led him to this height of Ingratitude This and divers other Letters of the like traiterous importance all written with Argyle's own Hand being at one and the same time taken about Major Holmes the Person chiefly intrusted by the said Earl to receive and convey all his Correspondences with England and Scotland it cannot be doubted but very many more Papers of the same dangerous Tenor had been this way interchang'd between him and the English and Scotch Conspirators during the whole progress of the Conspiracy Especially considering that in some of these the Earl of Argyle refers to some Expressions and Propositions which he says he had made in others and there are no such Expressions to be met with in all these Letters that are taken Besides that with the Letters themselves there were also seiz'd about Holmes several Alphabets and a Key of Words whereas of one of the Alphabets there has been as yet no use found in Decyphering and though in the Key there are Eighty new-coyn'd Words yet not above Six of them are made use of in all the parcel of the said Earl's Letters hitherto intercepted However by the Light these Letters gave so well agreeing with several other Intelligences receiv'd from many Hands his Majesties Council of Scotland were abundantly convinc'd that the the Bloody Design had reach'd thither also and therefore immediately order'd the bottom of the Business to be search'd into by a Secret Committee Whereupon Warrants were issued out there to apprehend Walter Earl of Tarras Brother-in-Law to the Duke of Monmouth Sir Patrick Hume Laird of Polwart Pringle Laird of Torwoodlie James Murray Laird of Philiphaugh and Hugh Scot Laird of Gallowshiels all of them being Persons named by Carstares and others as Partakers with Argyle in this Treason as they had been formerly most active with him in endeavouring to disturb the Loyal Proceedings of the Parliament for enacting the Test. Of these the Laird of Polwart and Torwoodlie having been the most busie and so conscious of their greater guilt conceal'd themselves and have hitherto escaped the other three were taken and brought to Edenburg where they freely confess'd upon Oath As did also Commissary Monroe who had been sent thither Prisoner out of England All which Depositions and Confessions they again repeated and confirm'd in the same solemn manner at the Tryal of Mr. William Baillie of Jerviswood The Earl of Tarras without either craving or receiving any security for himself did ingenuously confess That about the time when Sir John Cockran and Commissary Monroe got their Commission from the Carolina Company for London Mr. Baillie desir'd him to speak to Monroe that he might be added to the Commission Telling him that he was resolved to go to London however upon his own charges For that his and their going about the Carolina business was only a Pretence and a Blind but the true design was to push forward the People of England who did nothing but talk to go more effectually about their business That thereupon the said Baillie did settle a correspondence with the Deponent whereby the one was to give an account what past between the Country party in England and the Scotch Men there the other to write back what occurr'd in Scotland That the said Baillie told him the only way to secure the Protestant Religion was for the King to suffer the Parliament to sit and pass the Bill of Exclusion Which the King might be induc'd to do if the Parliament would take sharp and brisk Measures with him That after the said Baillie went to London he did give the Deponent account by Letters how things were in great disorder there but he hoped effectual courses were taking to remedy them That Mr. Robert Martin did come to Mr. Pringles of Torwoodlie in May 1683 and brought the Deponent a Letter from the said Baillie then at London That Martin told the Deponent things in England were in great disorder and like to come to a height but the Country Party were considering of Methods for securing the Protestant Religion That the Scotch-Men at London had ask'd 30000 Pounds but that Argyle was to have 10000 l. which Sum was to be sent by Baillie into Holland to buy Arms and then Argyle was to Land with those Arms in the West-Highlands of Scotland The Earl of Tarras deposed farther That Philiphaugh and he went to Gallowshiels House where they met with Polwart and Gallowshiels That there it was discours'd among them that in case the English should rise in Arms it was necessary so many as could be got on the Borders should be in readiness to deal with Straglers and Seize on Horses and thereafter joyn with those that were in Arms on the Borders of England That then it would be convenient to surprize Berwick Stirling and some other strong places That some Persons should be employ'd to inquire what Arms were in the Country That it was resolv'd every one should speak to and prepare such particular Persons as they could trust not at first in plain terms but indirectly and upon supposition of a Rising in England That there was a Word and Sign to be used among them the sign was by loosing
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 VVarrant 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 Boat That the Persons were Sir Hugh Cambel 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 found 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 Money 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 VVorld to be free from perpetual Treasons and Rebellious Plottings To all this Colonel Sydney'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. Philmer ' 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 VVitnesses or to clear himself from the Crimes proved upon him he was presently found Guilty His Execution in respect of his Quality his Majesty alter'd 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 his Papers produced against him he gives an account full of manifest Equivocations and ambiguous Reservations He sufficiently intimates they were his own but implies they were written long ago against a Book of Controversie in Matters of Government Thereupon he goes on openly to justifie those Papers by Positions dangerous enough to the Publick Peace but quite different from what was laid to his charge at his Tryal and was quoted word