Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n charles_n france_n king_n 15,695 5 4.4057 3 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63227 The tryals of Thomas Walcot, William Hone, William Lord Russell, John Rous & William Blagg for high-treason for conspiring the death of the King, and raising a rebellion in this kingdom at the Sessions-House in the Old-Baily, London, on a commission of oyer and terminer held there for the city of London and county of Middlesex, on Thursday, Friday and Saturday, July 12, 13 and 14, 1683. Walcot, Thomas, d. 1683.; Hone, William, d. 1683.; Russell, William, Lord, 1639-1683.; Rouse, John, d. 1683.; Blague, William.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1683 (1683) Wing T2265; ESTC R21861 139,903 84

There are 8 snippets containing the selected quad. | View lemmatised text

THE TRYALS OF Thomas Walcot William Hone William Lord Russell John Rous William Blagg FOR HIGH TREASON For Conspiring The Death of the King And raising a REBELLION IN THIS KINGDOM At the Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday Friday and Saturday Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being me● and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign 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 Allegeance 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 Tranquillity 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 Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme 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 antient 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 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 the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That th●● Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was bu● Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excu●● and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to ●●●r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be ●ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evid●nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be s●ar●d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign 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 Tranquillity 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 March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers 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 divers other Traitors to the Iurors 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
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was ●●● place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the P●l●ner at the Bar did partly make a Confession yet for the Satisfaction of the World ●y Lo●d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign 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 Soveraign 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 Comm●n 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 Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the W●rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be 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 Subject 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 Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors 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 Sover●ign 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 sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
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 a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors 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 their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their 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 Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity 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 ●●●●dom 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 March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely 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 and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
longer with opening the matter but beg the favour of the Court that we may acquaint you a little with the method we intend to follow in calling our Evidence for the King against the Prisoner at the Bar. In the first place my Lord we will call our Witnesses to give your Lordship and the Jury satisfaction That there was a design in general and that that design was first intended to be a general Rising over all the Kingdom in which design the Prisoner at the Barr had a very considera●● share and was looked upon to be a very proper and fit person for the managery of that part of the design For other meetings and at what places Mr. Attorney hath already opened to you We will then come to more particular agreements that were between them in order to the carrying on this admirable good work as it hath been truly stated for the destruction of the best and most merciful of Kings and for the destruction of the best of Religions the Religion of the Church of England I take notice of it because all men may know The most of these persons nay all of them concerned in this hellish Conspiracy were Dissenters from the Church of England And the better to effect this horrid villany I am sure I want words and so does any man else to express the baseness of these crimes the better to effect this thing the way it was to be done was by taking off the King and by taking off his Brother too At length after several debates and some proposals made between these persons they came to a determination and an actual resolution To take off the King and his Royal Brother My Lord we will prove generally that this was the intent of the design or the Plot in general My Lord we will then give you an account That they entred into several consultations for a new model and frame of Government for they intended to set up the people and they had even fixt a certain superiority and resolved as all people of their principles have a mind according to their several inclinations to fix the power in the people Gentlemen an old Tenent that brought the Kings Father to that untimely and horrid end by fixing the power in the people These Gentlemen had a mind to insinuate and ingage the people by fixing the power in them and saying that publick Proclamations were to be made And after this horrid and barbarous murder intended upon the King and the Duke there were Declarations to be made in the names of such and such Lords and the Associating Members of the last House of Commons these were the persons thought fit in whose hands the power of the whole Kingdom should be lodged Gentlemen after we have given you an account of the several meetings then we will come to the Prisoner at the Bar and prove against him That he had not only an hand in the first part of the plot about the rising but he was also to be one of those villains that were to murder the King I cannot express my self in more moderate Terms and I am sure no man can blame me that hears the proof Gentlemen when we have thus given you this Evidence I hope we shall satisfie the Court and all mankind That persons that have been thus guilty under pretence of Religion or under any other pretence whatsoever are fit objects of the severity of humane Laws If we prove against the Prisoner at the Bar That he had an hand in this horrid Conspiracy I make no doubt but you will shew your selves to be Englishmen loyal men and overtake all men that thirst after the Kings blood Mr. Sol. Gen. Gentlemen we will call our Witnesses and as no man can doubt but the murder of the King that vile design would have been seconded by a power to back that horrid villany so we shall shew you That this Gentleman was concerned in both parts in the immediate assassination of the King and the raising of Arms. We need not go about to give you an history of the thing any other way than in applying it to this person for there is no part of this Conspiracy he can clear himself from and all the evidence that speak of this design speak of this man as a chief Actor in it M. Att. Gen. Call Col. Rumsey who was sworn Mr. Sol. Gen. Col. Rumsey Pray give my Lord and the Jury an account what you know of the Prisoner at the Bar whether he were concerned either in relation to the murder of the King or the raising Arms. L. C. J. Mr. Rumsey raise your voice so audibly that you may be heard Col. Rumsey The first meeting I had with this Gentleman was at Mr. West's Chamber Mr. Att. Gen. Before you begin to tell of your meeting give an account of any rising that you have heard of Col. Rumsey Sir about the latter end of October or the beginning of November I was with my Lord Shaftsbury late at Night and he told me That the Duke of Monmouth my Lord Russel my Lord Grey and Sir Thomas Armstrong were at one Mr. Shepherd's house near Lumbard street He desired me to go to know what they had done about the raising Arms at Taunton I did go and Mr. Shepherd carried me up to them and they told me That Mr. Trenchard had failed them about the men and they could proceed no farther at that time L. C. J. What Shepherd was this Coll. Rumsey Mr. Shepherd the Merchant near Lumbard-street one Mr. Thomas Shepherd And so I came to my Lord the next day and told him of it and then he made his preparation to be gone for Holland L. C. J. What discourse had you with my Lord Shaftsbury thereupon What did he say What made you believe he made preparation to be gone Col. Rumsey My Lord he said there was no dependance upon those Gentlemen that met and he would leave England After that a Fortnight or three Weeks there was a meeting one day at Mr. West's Chamber and there was Mr. West and Mr. Goodenough and Mr. Wade and some body else there was but I cannot remember his Name Captain Walcot was in Holland then There it was proposed nothing was to be done by a general Rising but there was no surer way than to take off the King and the Duke and that to that intent and purpose they could not carry it on without Mr. Ferguson and so he was writ for into Holland and he came out of Holland upon that Letter and Captain Walcot with him After Mr. Ferguson's coming back from Holland there was very suddenly a meeting again and then it was concluded that nothing was to be effected without taking off the K. and D. or to that purpose Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain Walcot was there to find out men and they could not find out a number of men without which Mr. Rumbold would not
Person privy to it and that I might have the better opportunity to make good my Word to his Majesty and to approve my self Your Honours most humble Servant THO WALCOT Mr. Att. Gen. Swear Capt Richardson which was done Capt. Richardson My Lord On Sunday at Night Mr. Walcot desired to speak with me and he seemed very desirable to wait upon His Majesty and unbosom himself to the King Mr. Attorney sa●d I should give him Notice to prepare himself for his Tryal which I did and told him He should want nothing to prepare himself for his Tryal Yesterday Morning his Son came and I sent my Clerk to stand between them and he had prepared this little Paper tyed close with a Thread which my Man told me he did intend to give his Son and he desired me since I had Discovered it I would make no use of it The Letter was to Captain Tracy that was his Land-lord to speak to Coll. Rumsey That he would be tender of him and tell him He had ground enough to serve the King upon other Men and also to speak to Mrs. West to desire the same thing of her Husband The last Words of the Note were If you cannot be private leave the Issue to God L. C. J. Mr. Walcot Have you any thing to say for your self against this plain Evidence Capt. Walcot My Lord They have taken a great deal of pains and made long Speeches though very little of them relating to me though too much Coll. Rumsey tells your Lordship of a Design they had to Assassinate the King and carrying on a War or something like it when I was out of the Kingdom That at Mr. Sheppard's House they drew up a Declaration and that upon Mr. Trenchard's saying things were not ready This was before I came into England and he says This was agreed at Mr. West's Chamber befo●●● came out of Holland That Rombald undertook it Then he says That after I came over I undertook to Charge the Guards while the King was Killing My Lord That was a very improbable thing for I look upon it that there is no difference between killing the King and securing his Guards These Gentlemen by what they have said do sufficiently convince the Court and all that hear them that they are sufficiently dipp'd themselves Here they Combine to take away my Life to save their own Then they tell you ' That Mr. Goodenough and Mr. Rombald brought Notes about Men that were to Assassinate the King but they do not tell your Lordship I was privy to any of these Notes nor that I knew any of them It 's in it self very improbable That I would ingage in so desperate an undertaking with Men I never saw nor heard of in my life Then he tells you That Mr. Ferguson had been at a place where I was there they inquired what Mr. Goodenough had done and withal they told you They met at my Lodging now that their meeting was ar'my Lodging was by Coll. Rumsey's appointment I knew nothing of it Most of these Meetings were by Coll. Rumsey's Appointment or Mr. Wests I accidentally came amongst them sometimes but all my business was only to hear News nothing was agitated concerning Killing the King or Levying of War more or less as I know of I must confess I did hear that there was a Design by a great many Lords and Gentlemen and others for Asserting of their Liberties and Properties but I was never in any Consultation with them or any Message to them nor I never saw one of these Lords that I know of that are said to be concerned Therefore I say 't is very improbable I should be so far concerned as they seem to represent it they met at the Five Bells they allow themselves I was not at that meeting For Mr. Keeling he does not at all Charge me What I said to Mr. West relating to the business he talks of in October last that my Lord is out of doors in point of time I pray God forgive him for what he has said I can't say more than I have L. C. J. Pray where do you live Where is your Habitation Capt. Walcot My Habitation is in Ireland my Lord. L. C. J. Pray what do you here Capt. Walcot I was invited by my Lord Shaftsbury to go Governor to Carolina L. C. J. That Design was a great while ago frustrated Capt. Walcot My Lord it was some while before I came over and so my Lord gave his Commission to another But being in England my Lord Shaftsbury invited me to go to Holland with him which I did and when he dyed I came to London I had not been here a F●rtnight but I fell ill of the Gout and that continued Three months Another thing was my Son was here and I designed to Marry him and make Provision for my younger Children My Lord I have a competent Estate I hope it is no great Crime for a man of an Estate to be here L. C. J. You confess you heard some discourse of these things What made you to frequent their company when you heard these things Capt. Wal. It was my folly to do it L. C. J. Ay but you are to understand that Folly in these Cases is Treason Capt. Walcot I conceive my Lord 't is only misprision of Treason I did hear of a great deal that these Gentlemen have said and that there would be an Insurrection but I had no hand directly or ind●rectly in it nor did it enter into my thoughts either directly or indirectly the Death of the King When some Gentlemen have talked to me of it I Abominated it and told them it was a ●candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.
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 the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout a●tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. Gen My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence Stands There is one Evidence since Christmas last L. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. C. Just. If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think t is not Punishable by that Act. I desire Counsel may be admitted upon so Nice a Point My Life Lies at Stake here 's but one Witness that speaks of a Message Sir Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell My Lord I do not think it proved I hope you will be of Counsel for me t is very hard for me that my Counsel may not speak for me in a point of Law L. C. Just. My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy says he brought a Message which I will Swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and Seven Months agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not ●tay above a quarter of an hour tasting Sherry with Mr. Sheppard L. C. Just. Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. of Cro. Whereas divers opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Uiolate the Kings Compagnion or the Kings Eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or elsewhere and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfeit the Kings Great or Privy Seal or his money and if a man bring false money into this Realm counterfeit to the money of England as the money called Lushburgh or other like to the said money of England Knowing the money to be false to Marchandise or make Payment in desceit of our said Lord the King and of his People and if a man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of ●●ise and all other Iustices designed to hear and determin being in their places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just. My Lord That which is urged against you by the Kings Counsel is this You are accused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L. Russell It is in a Poynt of Law and I desire Counsel Mr. At. Gen. Admit your Consultations and we will hear them L. C. Just. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russell has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Colonel Rumsey and my Lord Howard have Deposed whether then this be Treason we can hear your Counsel to nothing else L. Russell I do not know how to answer to it The point methinks must be quite otherwise that there should be Two Witnesses to one thing at the same time Mr. At. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russell It was to the same point Mr. At. Gen. To the general point the lopping point Sir G. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. Just. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you can't contradict them by