A True ACCOUNT AND DECLARATION OF The Horrid Conspiracy Against the Late KING His Present MAJESTY AND THE GOVERNMENT As it was Order'd to be Published by His Late Majesty In the SAVOY Printed by THOMAS NEWCOMB One of His MAJESTIES Printers 1685. JAMES R. JAMES the Second By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all to whom these Presents shall come Greeting Whereas Our Dearest Brother the late King of ever Blessed Memory gave special Order in His life-Life-time for Drawing up the following Account and Declaration of the Horrid Conspiracy against His Sacred Person and Ours and had provided that the Substance of it should be Impartially Collected out of Original Papers and unquestionable Records and was Himself pleased to direct in what Method it should be digested taking particular Care that the Truth of the whole Narration should have such Clearness and Strength as it might deserve to be owned by Himself Accordingly it was Composed and ready for the Press when it pleased Almighty God to take that Excellent Prince to his Mercy And whereas it is but too evident that the same Hellish Plot is not entirely extinguished but that divers of the Wicked Actors in it are still carrying on new Contrivances against the Happy Peace of Our Dominions We cannot but judge it seasonable in this Juncture of Time to have Our Subjects reminded of the Rise Progress and Mischievous Designs of that desperate Confederacy To this end having first Read and Examined this Account and Declaration that We might be the better able to give Our Royal Testimony as We do by these Presents to the Faithfulness and Certainty of the whole Relation We have caused it to be now Printed and Published Given at Our Court at Whitehal the 21 day of May 1685. in the First Year of Our Reign By His Majesties Command SUNDERLAND JAMES R. OUR Will and Pleasure is and We do hereby Appoint Thomas Newcomb One of Our Printers to Print this Account and Declaration and that no other Person presume to Print the same as they will answer the contrary Given at Our Court at Whitehal the 23 Day of May 1685. in the First Year of Our Reign By His Majesties Command SUNDERLAND A True ACCOUNT OF THE Horrid Conspiracy Against the Late KING His Present MAJESTY And the GOVERNMENT THE KING has thought fit to lay open and to declare to the World An Exact Account of the late Accursed Conspiracy which was actually form'd and carried on in England and set on foot in Scotland against His own and his only and dearest Brothers Life and against the Peaceable and Flourishing Government of His Majesties Kingdoms as far forth as hitherto the Particulars of it have come to His Knowledge by the Voluntary Confessions or undeniable Convictions of divers of the Principal Conspirators By thus faithfully representing the plain Matter of Fact though perhaps all the Groundless Suggestions and Malicious Insinuations of Factious Men will not be wholly put to silence it being their old and constant Artifice to support and incourage their Party by Impudent Slanders and Falshoods against the clearest Light and most evident Proof Yet however His Majesty will have the Satisfaction hereby to confirm the Loyalty and good Affections of all His loving Subjects at Home and to establish Abroad the Reputation and Honour of His Royal Justice And moreover which His Majesty most of all regards this Publick and Lasting Testimony will be given of His sincere Thankfulness to Almighty God for that Miraculous Deliverance from a Danger which came so near His Sacred Person and was so far spread in the Ruine it threaten'd to all His People It is well known what mischievous Arts of late Years have been used and what Treasonable Courses taken to withdraw these Nations from their bounden Duty and Allegiance and to expose His Majesties most Just and Merciful Government to Calumny and Contempt The Rebellious Design having been apparently carried on by all sorts of Male-contents whom either their Crimes or Wants their furious Zeal or unbounded Ambition inclined to wish for a Disturbance of the Peace and Prosperity which His Majesties Dominions have so long injoy'd to the Envy of all His Neighbours To this wicked purpose many the very same fatal Methods and specious Pretences which in the Days of his Majesties Glorious Father had involved these Kingdoms in Confusion and Blood were once again revived and by many the very same Persons Men of crafty restless and implacable Spirits impenitent after the most Gracious Pardons whom long Experience had made skilful in seducing weak and unstable Minds by counterfeiting the plausible Names of things in themselves most excellent but most dangerous when abused such as Liberty Property Conscience and Religion By these wretched Instruments was this most gentle and benign Government again reproached with Tyranny and Arbitrary Power The Church of England was once more Traduced as Popishly affected The most able Officers and faithfullest Servants of the Crown again Reviled under the odious Title of Evil Councellours In the mean time Sedition and Schism were every where promoted unreasonable Fears suggested vain Suspicions of future Dangers augmented to destroy the present Tranquility desperate Speeches infamous Libels Traiterous Books swarm'd in all places and under colour of the only True Protestant the worst of all Unchristian Principles were put in practise all the old Republican and Antimonarchical Doctrines whose Effects had formerly prov'd so dismal were now again as confidently own'd and asserted as ever they had been during the hottest Rage of the late unhappy Troubles From these Preparations to a new Rebellion the Party began by degrees to proceed to Action Distinctions of Sides were made Names and Tokens of Separation were given Illegal Conventicles were maintained in defiance of the Laws of God and Man Tumultuous Feasts and Factious Clubs were set up in City and Country Close and Seditious Meetings haunted Frequent Cabals appointed and by Men of high degree with the lowest Great Stores of Arms provided by private Persons Insolent Progresses made through divers Countries thereby to glory in their Numbers and to carry far and near the Terrour of their Power and even to Muster their Party ready for some sudden Blow or general Insurrection All these and many more such Personal Indignities and Publick Assaults on the Government his Majesty long endured with the same Mildness and Clemency wherewith he had already forgiven the highest Crimes against himself His Royal Goodness still patiently expecting and wishing that in time the most obstinate of his misguided Subjects would see their Errour and return at length to a sense of the Duty they owe him by all the strongest Bands of Nature and Laws Religion and Gratitude that can possibly oblige Subjects towards a Soveraign But when his Majesty was abundantly convinc'd that all those dark Consultations and open Tumults of unruly Men were but so many infallible Signs and Forerunners
their Fidelity to his Majesty the Surplusage being intended entirely to return and descend to his Family yet the said Earl abusing the great Freedom indulg'd him in Prison which he enjoy'd as largely after his Condemnation as before fled from his Majesties Mercy the knowledge of his own Guilt not suffering him to venture on that Clemency whereof he had before participated so plentifully when he was under the like Sentence of Condemnation The King however notwithstanding this new Provocation still retain'd the same benign thoughts of favouring his Wife and Children And before it was known that the said Earl had more Debt on his Estate than the full value of it amounted to which really was his Case his Majesty was graciously pleas'd in one Royal Largess to give thrice more of the Inheritance to his Posterity than their Father could lawfully have done had it never been forfeited But how ill he deserved or requited so many Acts of Grace and Bounty will appear by the sequel of his Behaviour after his Escape For in stead of doing what his Complices and Dependants gave out he intended that he would humbly cast himself at his Majesties Feet and implore his Pardon which he of all Men living had no reason to think desperate he is no where to be found but associating with his Majesties implacable Enemies in the Head of new Machinations of Treason employs his Liberty abroad in maintaining Traiterous Correspondences at Home with restless Malice exciting the wicked Conspirators of both Kingdoms to a fatal Union against the Life Government and Family of his Liege Soveraign and Benefactor And all this is to be proved upon him by Arguments as clear as the Sun by the Credit of his own Authentick Letters and by the plain Depositions of his principal Messengers and Agents in the whole Villany By this brief Recollection of the troubled State of Affairs and the Tumultuous Temper of ill Mens Minds in his Majesties Kingdoms of England and Scotland about the time when this treasonable Conspiracy was in agitation the impartial World may perceive from what destructive seeds of Sedition private Passions and Animosities under the disguise of Religion and the publick Interest so Monstrous a Birth was produced In the wonderful Discovery of which detestable Confederacy and in the happy Prevention of its dire Effects as all who have heard of it must acknowledge that a signal care of Gods Providence has appear'd for his Majesties and these Nations Preservation So his Majesty gives the Sacred Word and Protestation of a King that nothing has been done on his part but what was agreeable to that Royal Benignity and Natural Candor of his whole Life whereof all the World even his Enemies have had such undoubted Experience The Evidence was most of it deliver'd in his Majesties own presence The Examinations were taken by Men of unquestionable Reputation and Honour The whole Proceeding has been managed with all imaginable Integrity There has been no straining or extorting of Accusations to blemish the Fame of the Innocent No Temtation of Rewards proposed No Pardon assured before-hand for discovering or aggravating the Crimes of the Guilty Some Witnesses who offer'd themselves of whom there might have been any colourable Suspicion his Majesty wholly rejected Lest it should once again happen that the blasted Credit or needy Condition or profligate Lives of the Persons deposing should derogate from the strength of their Depositions and administer any the least doubt of Subornation Those Witnesses his Majesty admitted had been generally Men strongly prepossess'd in Conscience Zeal and Interest for that Party Men whose former avow'd Hatred of the Government was reason sufficient to gain them an absolute trust with any who studied to overthrow it They were not of desperate Fortunes Nor despicable Men. For the most part they separately and singly brought in their Discoveries Divers of them had little or no Conversation or Familiarity one with another There was no shadow or possibility of a combination between them all to discover yet such is the prevalence of Self-conviction and so great the Power of Truth that all their several Discoveries did perfectly agree with themselves and with each other in all material parts and circumstances It was therefore in the Summer of the Year 1683 a time when all his Majesties Dominions injoyed a settled Peace and profound security whilst the greatest part of the Neighbouring World was involved in Wars and Combustions that his Majesty and his Council were suddenly awaken'd with the surprizing Knowledge of this dreadful Conspiracy which had been laying very deep and broad for many Months before The Man whom God chose to make the first Discoverer was Josiah Keeling Citizen and Salter of London A Person of good Credit in the common Business of his Calling but otherwise a most perverse Fanatick so fiercely addicted to their Cause that he had been one of the busiest Sticklers in all the late Publick Oppositions against the Government Particularly he was the very Man who undertook and perform'd the most insolent Assault upon Authority that perhaps the Party ever attempted in full Peace which was the Arresting the Lord Mayor in open Day in the midst of the City of London for refusing to admit the pretended Sheriffs who had been chosen by those Meetings of the Factious in and about the City that the Law has since condemn'd as Unlawful and Riotous However by so eminent and bold a piece of Service together with his former approved Activity and Violence for the discontented Interest was Keeling judg'd by the chief Conspirators fitly qualifi'd to be admitted into their most private Consultations And accordingly thereafter they trusted him as one of their surest Confidents In so much that he was invited to make one of the Forty Miscreants whose proper part it was to Assassinate his Majesties and his Royal Highnesses Persons Of which Number after he had freely consented to be and had met and acted jointly with the rest for some time to prepare the cursed Work for a speedy Execution it pleased the Divine Goodness so to touch his Soul with the Horrour of so amazing a Crime that he could not rest Day nor Night till after much conflict in his Mind he had fully determin'd to discharge his Conscience of the Hellish Secret Wherefore having first Communicated some part of his burden to one Mr. Peckam his private Friend who had often before warn'd him in general of the dangerous course he was in by so deeply ingaging in all the former Seditious Intrigues he was by him directed to address himself to the Lord Dartmouth one of his Majesties Privy Council who remitted him to Sir Leolyn Jenkins Principal Secretary of State before whom he gave his first Information upon Oath and in due form of Law on the Twelfth of June in that Year But the intended Assassination upon the first disclosing of it appear'd to be so prodigious a Barbarity that his Majesty for some time gave but very
little Ear and slow Credit to this Information as little suspecting as deserving such usage from the worst of his Subjects Which generous Caution that his Majesty took not to be impos'd on by New Rumours of Plots and his Gracious Tenderness not to believe so ill of his very Enemies but upon certain Demonstration was one of the chief Occasions that divers of the principal Agitators and Managers of the whole business took the Alarm and got time to scatter and withdraw beyond the Seas However by Gods Providence continually watching over his Majesties and these Nations safety so many of the Traytors soon after fell into the Hands of Justice who did either voluntarily acknowledge their being Partakers of the Treason or were Convicted of it by Evident Proof that henceforth who ever shall pretend not to believe the Truth of the whole they must either be such as were Parties in the Design or so monstrously unreasonable as to believe there never can be a Real Plot against any Prince or State but what does actually succeed and take effect Thus much is certain of this Conspiracy and it is so remarkable and extraordinary that perhaps the like cannot be affirm'd of any other mention'd in all History that there was scarce a Man Attainted or Executed for it who did not more or less add some new Light to the several parts of the dark Contrivance either by a plain Confession of it or by their very manner of denying it and by the weakness of the Subterfuges whereby they endeavour'd to palliate their Crimes Upon the whole Matter though his Majesty doubts not but the Treasonable Infection was in some degree or other spread into most Quarters of these Kingdoms amongst the Ringleaders of the Republican Clubs and lawless Conventicles in Town and Country there being no reason for any Man to think otherwise since it was the usual boast of their principal Factors That more than Twenty Thousand Persons were made privy to the very beginnings of it before the late Earl of Shaftsbury's Flight Yet his Majesty utterly abhorring that bare Suspicions though never so probably grounded should prevail to conclude any Man Guilty has resolved no Reflection shall be made on the Fame of any but only such whose part in it was made out by positive Testimony And in the Kingdom of England besides the Earl of Shaftsbury who during his time was the Prime Engineer in contriving and directing all the several Motions and Parts of the whole Conspiracy next under him the Persons who are already Judicially found to have been deeply concern'd as Actors some in the Insurrection part others in the Assassination divers of them in both together are these The Duke of Monmouth whom the Factious Party had long Corrupted and Alienated from his Duty and Gratitude to the King and his Royal Highness by suggesting and increasing in him groundless Fears and poys'ning his Mind with unjust and forbidden Hopes The Lord Gray of Wark who for some Years had been ingaged in the most furious Designs of the Faction of late especially after he found that the Wickedness of his private Life could neither be so well hidden or go unpunish'd in a quiet State as in publick Disturbances The late Earl of Essex whose dark and turbulent Spirit and insatiable Ambition had carry'd him on to be one of the Principal Authors of all the late Distractions in Publick Councils and Popular Heats against the Government Till after many such ill Practices unworthy the Son of such a Father God left him at last to fall into this Precipice and permitted him to punish himself for it more severely than the King could ever have found in his Heart to do had he but given his Majesty time to make use of the excellent Goodness of his Nature The Lord Howard of Escrick who had always been a busie Promoter of Fanatical and Republican Projects for Alterations in Church and State and was therefore for a time the second Favourite of the Disaffected whilst he was Imprison'd with the Earl of Shaftsbury Nor did they ever make any Objections against the Honesty of his private Life till he came to the honestest part of it The Lord Russel a Person carried away beyond his Duty and Allegiance into this Traiterous Enterprise by a vain Air of Popularity and a wild Suspicion of losing a great Estate by an imaginary return of Popery whereby he was the more easily seduced by the wicked Teachers of that most Unchristian Doctrine which has been the cause of so many Rebellions and was so conformable to his Presbyterian Education That it is lawful to Resist and Rise against Soveraign Princes for preserving Religion Colonel Algernoon Sidney who from his Youth had profest himself an Enemy to the Government of his Country and had acted accordingly As he lived so he died a Stubborn Assertor of the Good Old Cause Mr. John Hambden the Younger who has renew'd and continued the Hereditary Malignity of his House against the Royal Family his Grandfather having been the most Active Instrument to widen the Breach between the late Blessed KING and the seduced part of his People The Usurper Cromwel often own'd That Mr. Hambden was the very Man who advised him to oppose the Justice and Honour of his Majesties Cause with an affected Zeal of Conscience and pure Religion Sir Thomas Armstrong a Debauch'd Atheistical Bravo one of those who with an Hypocrisie peculiar to this Age would have pass'd for the most forward Reformers of Church and State whilst they themselves both in their Practise and Opinions were the greatest Corrupters of Virtue and all Good Manners Lieutenant Colonel Walcot an Old Officer in Cromwel's Army who after Pardon and Indemnity receiv'd and a plentiful Estate secured to him by his Majesties most Happy Return yet was actually ingaged in all the Plots against the Government ever since Particularly in that of Ireland some Years ago to surprize the Castle of Dublin He was Introduced by the Lord Howard under the Character of a Stout and Able Officer into a strict Familiarity with the Earl of Shaftsbnry from whom he never after parted till his Death accompanying him in his Flight into Holland and returning thence with his Corps he and Ferguson having this peculiar Mark of his Kindness to be named Legatees in his Last Will and Testament as his special Friends Colonel John Romzey who had gotten Credit abroad in Portugal by his Courage and Skill in Military Affairs He was recommended to the Earl of Shaftsbury as a Soldier of Fortune resolute and fit for his turn in any desperate Attempt By his Majesties Favour upon his Royal Highnesses Intercession he got possess'd of a very considerable Office in the Customs of Bristol which having sold he afterwards most ungratefully became the said Earls entire Creature and Dependant Nor was he ever a profess'd Papist as since his Confession the Party has given out that he was according to their wonted Impudence of Lying Thomas Shepard
passage that is not so generally taken notice of as for the Glory of God and the Confusion of his Majesties Enemies it ought to be For after that the approaching fury of the Flames had driven the King out of his own Palace his Majesty at first removed into another Quarter of the Town remote from the Fire and as yet free from any annoyance of Smoke and Ashes There his Majesty finding he might be tolerably well accommodated had resolved to stay and continue his Recreations as before till the Day first named for his Journey back to London But his Majesty had no sooner made that resolution when the Wind as conducted by an invisible Power from above presently chang'd about and blew the Smoke and Cinders directly on his new Lodgings making them in a moment as untenable as the other Upon this his Majesty being put to a new shift and not finding the like Conveniency else-where immediately declared he would speedily return to Whitehal as he did which happening to be several days before the Assassines expected him or their preparations for the Rye were in readiness it may justly give occasion to all the World to acknowledge what one of the very Conspirators could not but do That it was a Providential Fire Now upon the first notice in Town of the Fire at Newmarket and that by consequence the King would be necessitated to come home sooner than was imagin'd the principal Assassines were summon'd by Ferguson to a Meeting that very Night They at first receiv'd the News with various Apprehensions and Motions of Mind looking on one another with much Astonishment and Confusion Amongst the rest Walcot acknowledg'd He thought it an Expression of Gods disapproving the Undertaking whilst Ferguson without any sign of the least relenting said That he perceiv'd God had reserv'd his Majesty for his own Judgment However that Evening they generally agreed That since Arms Horses and Men could not be provided in so short a space because the King was daily expected and the day of his coming uncertain therefore all farther thoughts of the business should be laid aside for that time Yet the next Morning the Company being again assembled upon Reports spread abroad that his Majesty purpos'd to retire to Cambridge and stay there some days Ferguson vehemently insisted That the Design should instantly be reassum'd That what could be should be done in so narrow a time And particularly Armstrong offer'd himself to go down in person to the Rye in order to it if a Sum of Money could be presently rais'd and a competent number of Men got together But the noise of the Cambridge Journey soon vanishing put an end to those Deliberations though it was a constant expectation and whisper among the Party that something extraordinary would be done on the very day of his Majesties coming home In these uncertainties they remain'd till the King came and some days after R. Rumbald returning from the Rye increas'd their rage for this defeat by telling them That he saw his Majesty and his Royal Highness pass by his House but very slenderly guarded only with five or six Persons and those tired and ill appointed so that he doubted not but with the like number of stout and well-arm'd Men he might easily have taken them both off Upon this presently after at their next Meetings it was agreed That to prepare against any such disappointment for the future a sufficient Number of Arms should be bought and kept in readiness for any other opportunity if such could be found during any of his Majesties Journies that Summer or at farthest in his next going to Newmarket To this purpose West told them he was acquainted with a very good Gun-smith and took upon himself to provide the Arms Ferguson engaging to pay the Money for them Accordingly West bought Thirty Case of Pistols Thirty Carabines and Ten Blunderbusses of one Daft a Gun-smith in Shooe-Lane and Ferguson paid him for them about three weeks before the Discovery West's pretence of buying so great a quantity of Arms was to send them into America where he had a Plantation and to disguise the business the better he caus'd them to be sanguin'd in shew to preserve them from Rust in so long a Voyage and had them made up in Sea-Chests as ready to be Transported So they continu'd till after the noise of Keeling's having betray'd all Then West to avoid suspicion sent them to a Sea-Captain setting Sail for the West-Indies but without any Bill of Lading or Consignment as is usual in whose Custody the Arms were seiz'd and delivered into his Majesties Stores to be there kept for a better use In these their several Consults many casual Discourses interven'd relating indifferently either to the Insurrection or Assassination As What Commissions were at first requisite to be given out and in what style they were to run What Declaration was to be immediately publish'd to justifie the Fact What Project of Government to be pitch'd on and setled afterwards It was agreed that the Commissions for this Nation should be issued forth in the Name of the Confederate Lords and Commons of England For preparing a Declaration divers of their Number were order'd to bring in their Conceptions apart out of all which Collection a compleat Remonstrance was to be gather'd by some of their ablest Heads The main drift of the whole was to amuse the Peoples Fancies for a Time with new Chimera's of Freedom from Taxes and Advantages for Trade and Moderation of Law Expenses and a Toleration of all Sects then to calumniate the Royal Family for divers Generations past to asperse his Majesty as a Tyrant and Oppressor and to accuse all his Faithful Subjects as servile Instruments of Arbitrary Power and Betrayers of their Country Whilst they and their Party were to be magnified as the only Asserters and Restorers of Liberties Properties and the True Protestant Religion Their design in all this being the same that has been constantly put in practise by all promoters of Sedition and Treason in all Ages Who have always thought they have done more than Half their business if they can but once appropriate to themselves all the Good and pleasing Words of things plausible and popular and fasten on the Government the Names and Titles of things vulgarly odious or contemptible Touching the new Form of Government to be set up in stead of the old they were not altogether so unanimous that being also natural to all Schisms and Factions that tho they may sometimes agree in what they would ruine yet they never did nor can long consent in what they shall settle Some were still for retaining a shew of Monarchy though with such Restrictions as would make the Prince little better than a Duke of Venice Others were positively for a Common-Wealth and the entire subversion of the present constitution openly declaring it was their purpose not only to change Names but Things Nay upon this point some of them doubted not
skill'd in the Art of Cyphers did without any the least Communication with Spence Decypher some of the principal of the said Earls Letters and when both Spence's and Mr. Gray's Copies were found to agree exactly there could not possibly have been given a more certain Demonstration of the Truth of Spence's way of Decyphering which he confess'd he was taught by Argyle himself In this manner were these Letters proved Authentick and the right meaning of them unfolded And it is evident by the plain Tenour of them that some of them were written by the said Earl just about the time that the Conspiracy was near ripening and when he was inform'd of Ten Thousand Pounds only order'd to be sent him Others were written after he had heard that the Plot was discover'd In every one of those Papers it is easie to trace out manifest Footsteps of the whole Conspiracy But particularly that of June 21st New Style which is June 11th of the English written the very day before Keeling made the first discovery contains not only a vehement expostulation of the said Earl of Argyle's touching the delay of the Money from England and the smallness of the Sum design'd but a plain Narration how the Insurrection was to be concerted in both Kingdoms The Body of the Letter was written in Cypher the Preface and Postscript in plain Hand in both there is reference made to Butler's that is Spence's being able to expound it and from the very same Spence was taken the Exposition of it upon Oath Therein the said Earl tells his Correspondent in England That he knew not the Grounds their Friends had gone upon to offer so little Money nor did he understand what Assistance they would give That till he knew both and heard what Carstares or any other they should send over had to say he purpos'd neither to refuse his service nor object against any thing resolv'd here However that the said Earl had truly mention'd in his Proposition formerly made the very least Sum he thought could do the business effectually which was not half of what had been requisite in another Juncture of Affairs That what Money he propos'd to be raiz'd was so much within the power of the Persons concern'd that if a little less could do the business he had thought it would not be stood upon That the said Earl reckon'd the Assistance of the Horse absolutely necessary for the first Brush That as to the precise Number nam'd he would not be peremptory but he believ'd there would need that effectual Number That 1000 might be as easily rais'd as 5 or 600 and it were hard if it stuck at the Odds. That they should consider whether all ought to be hazarded upon so small a difference as to the Mony That though 't is true what was propounded is more by half than is requisite for the first Weeks Work yet soon after all or more will be necessary and then Arms cannot be sent like Mony by Bills That there are above 1200 Horse and Dragoons and 2000 Foot at least in Scotland all well appointed and tolerably well commanded That it were hard to expect Country-People on Foot without Horse should beat them triple their Number That if Multitudes could be got together they would still need more Arms and more Provisions That if some considerable thing be not suddenly done at the first appearing it may fright a little but will do no good That the standing Forces will take up some station probably at Stirling That they will have for aid not only the Militia of Twenty Thousand Foot and 2000 Horse but all the Heritors to the Number it may be of 50000 Men That though many should be unwilling to fight for the standing Forces yet most will once join and many will be as concern'd for them as any can be against them That though the said Earl's party should have at first all the success imaginable yet it is impossible but some will keep together and have assistance from all the three Kingdoms then it will not be time to call for more Arms far less for more Mony to buy them and they should then prove like the Foolish Virgins That it is next to be consider'd how the discontented English Lords could employ so much Mony and so many Horse better for their own Interest though the Protestant Cause were not concern'd this being a little Sum and small Fonds to raise so many Men and by Gods Blessing to repress the whole Power of Scotland That the Horse to be sent from England need stay but a little while to do a job unless future events should make Scotland the Seat of the War which would be yet more to the advantage of England That by the best Husbanding the total of the Mony proposed it cannot purchase Arms and absolute Necessaries for one time for an Army of the Number they were to deal with That nothing out of the whole is design'd to be bestow'd on many things useful and some necessary as Tents Waggons Cloaths Shooes Horse Horseshooes c. All which are not only once to be had but daily recruited much less was any of it apportion'd to provide for Meat or Drink Intelligence or other incident Charges That some honest well-meaning good People may undertake for little because they can do little and know little what is to be done That the said Earl had made the reckoning as low as if he had been to pay it all out of his own Purse That he was resolv'd never to touch the Mony only to have it issued out according to Order That he freely submits to any knowing Souldier for the Lists and to any skilful Merchant for the prices he had calculated That it will be a great incouragement for Persons of Estates and consideration to venture when they shall know there is a project and prospect of the whole Affair and Necessaries provided for such an attempt That if after the said Earl shall have spoken with Carstares he sees he is able to do any service he will be very willing if he be not able he will pray God some other may That before it be given over he wishes he might have such a conference as he had mentiotioned in another Letter a week before wherein he had offer'd either to come over privately in Person or to meet any to be sent from hence That he expected not all the Horse from the discontented Lords but some considerable part might be rais'd by particular Friends That he had yet more to add to inforce all he had said but it could not be express'd at that distance That something more was to be done to prevent the Designs of the Enemies which he dares not now mention lest it should put them on their Guard That he has a considerable Direction in his Head but all is in Gods Hands This is a faithful and impartial Abstract of the Mystical Letter than which how could there have been express'd by words a more
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
a Button on the Breast the word was Harmony That it was agreed among them all that the best time for Argyle to Land was when there should be a Stir in England Stir being the word which these Scotch Traytors and the Lord Russel used to express what in plain English is call'd open Rebellion In the like manner Commissary Alexander Monroe depos'd upon Oath That the Earl of Tarras did propose to him that Mr. Baillie might be made one of the Commissioners for the Affair of Carolina That he did go along with Mr. Baillie to London and heard him by the way regretting the hazard their Laws Liberties and the Protestant Religion were in That Mr. Baillie spoke to the Deponent more than once at London for getting Money from the English to be sent to Argyle to bring home Arms for the said Argyle's use to raise an Insurrection in Scotland That in Baillie's Chamber in London William Veitch a Forefault that is a declared Traytor being present Sir John Cockran did expresly speak of Money to be sent to Argyle for the foresaid purpose That on another occasion he heard some of them say there would be 20000 Men in Scotland ready to assist the Rebellion That Mr. Robert Martin was sent down from that Meeting in Baillie's Chamber to Scotland to try what the Scots would do for their own Safety That it was agreed the People of Scotland should rise when there was a rising in England That the Commission was granted to Martin by all the Persons present who were the Lord Melvil Sir John Cockran the Cessnocks Elder and Younger Mr. William Carstares Mr. William Veitch Jerviswood and the Deponent who did all contribute Money towards his Journey That Martin at his return from Scotland meeting with the Deponent told him Matters were in such a Condition there as a little would kindle the Fire in order to a Rebellion Then also James Murray Laird of Philiphaugh confess'd and deposed upon Oath That in May 1683. upon a Letter from Mr. Pringle of Torwoodlie to invite him to his House he came where he found Mr. Martin lately come from London That upon discourse Martin told them the City was much irritated through some Attempts upon their Privileges but that all honest Men were of good heart and very brisk That Torwoodlie then told the Deponent he expected the Earl of Tarras having sent for him because Martin had a Letter directed to him from Jerviswood Torwoodlie adding That there were great Matters in Agitation at London that Martin was come down with a Commission to their Friends here but he was to Communicate his Instructions only to Polwart and himself who were to pitch on such Persons as they thought fit to intrust with the Affair That he had great confidence in the Deponent and therefore had sent to acquaint him that things were now come to a Crisis That he had reason to think England would shortly be in Arms That it was no Project of an inconsiderable Party but a Design through the Kingdom That many of the finest Men and of greatest Interest and Credit were engaged in it there and had agreed for the advancing Money to furnish Arms here That Polwart would be at Gallowshiels that Night and it would be necessary the Earl of Tarras and the Deponent should confer with him fully on the Business That about this time the Earl of Tarras came who retired a little to discourse with Martin That then Torwoodlie told the Deponent that although Martin would not Commune with them upon his Commission directly yet it would be fit they conferr'd and without taking notice of his Commission discours'd of things as their own private Notions abstracted from any prospect of a present Design That accordingly after Dinner they four retired to a Chamber and after some general talk of the Discontents of both Kingdoms these Suppositions following were discours'd of Martin starting all or most of them If the Country Party in England should have thoughts of going into Arms what could be expected here in such a case Would it not be expedient to have a setled Correspondence between that Party there and here Might it not be so adjusted that both Kingdoms should draw out in one day Might not as many be expected in these Shires and about Edenburgh as would surprize the Rulers and some to joyn with the English on the Borders and seize on Berwick others to attempt Stirling-Castle If Argyle should at the same time Land in the West and raise that Country would not these Measures contribute much to the Advancement and Interest of the Party Incourage all that had an Inclination to them and scare many others from acting against them And so they might have leisure to joyn from all places And then might it not be expected there would be as many in this Kingdom as would be able to deal with the Forces here at least divert them from troubling England These Queries being propos'd it was answered That as to setling a Correspondence it was very convenient for those of a Common Interest but none could be found here fit to manage it that would undertake it That as to trysting that is to say rising at the same time that could not be done without divulging the Design to all Ranks of People which none would consent to except those already in desperate Circumstances and they would not generally have much Influence That the thing was not at all adviseable for Scotland because if those in England especially in London the Spring of their motions should happen to have an Interruption near the time appointed then the Scots not having timely notice might rise alone and so be expos'd as a Prey That Argyle's coming was not much to be relied on by reason of the uncertainty of Sea-Voyages That he might himself be suspected of private Designs that despair might blind his usual prudence and prompt him to indigested Methods so it was expected few of the Gentry but such as were under very hard Circumstances would embarque with him That as to the surprizing their Rulers it was inveigh'd against as an Action not to be thought of amongst Protestants That then Martin told the Company if any had a mind for a suit of Armour he could provide as many as pleas'd of a new Fashion very light and of an easie rate from one who had made a great many lately for honest Men in London That then all the Company except Martin went to Gallowshiels House where they met him and Polwart That after Supper having given and received mutual assurance that they were free to commune with Gallowshiels and he with them touching matters of great Secrecy and Importance they sate close together Polwart beginning the discourse And signifying to them he was credibly inform'd that the Country Party in England would draw into the Fields shortly and as he heard before Lammas That Gallowshiels seem'd visibly surpriz'd at it saying he loved better to be walking in his own
Parks than to be medling in such matters However assuring them if there came any troublesome work he would joyn with them firmly That the Earl of Tarras also disapproved of doing any thing during the Kings Life because that might strengthen the Dukes Interest That therefore he suspected it was a project of the Common-Wealths-Men with whom he believed few Scotch Gentlemen would joyn and that he was almost persuaded the Duke of Monmouth would not concur in any Rising during the Kings Life That to all this Polwart answer'd he heard the English had once agreed on that Principle but it seem'd they found they must either do their business now or lay aside all hopes of doing it hereafter For if the Charter of London were let fall they should not only lose all safe Opportunity of digesting Matters but also a great part of their Strength Adding that he heard all things were concerted mutually between Monmouth's Friends and the Heads of the Common-Wealth Party and though Monmouth was shy on that account yet he hoped he would engage or he would be deserted by that Party That then Polwart mentioned the former Queries as overtures agreed on between other Friends in London and the Principal Men of that Party there That the Earl of Tarras and the Deponent repeated their former answers Gallowshiels joyning forwardly with them That Polwart replied he was fully of their Opinion if things were entire but refer'd it to be consider'd whether it were not better to comply with some of these Methods though not so justifiable as could be wish'd rather than disappoint the business totally That there was another argument urg'd against rising with the English because it was talk'd there had been a Day appointed in England in Shaftsbury's time which did not hold so they were not to be relied on That then it was proposed to be deliberated what Methods were most proper in the Companies Opinion for Scotland to follow in case of of Englands Rising first That it was said All that could be expected or desired from Scotland was that upon certain News of Englands being in the Field those of the Southern Shires should presently rise and as soon as so many could convene as would be able to deal with stragling Parties March to joyn the English on the Borders that then it would be seasonable for Argyle to Land in the West and these Parties on the Borders might divert the Forces till he had time to put himself into a posture That it was left to Polwart to Commune with others to this purpose That all the Company seem'd to agree they should move nothing in the Affair till they had a certain account what England propos'd and who were to be their Heads that if they design'd any thing against the Kings Person or for overturning Monarchy they should not be clear to joyn That it was recommended to all the Company to be inquiring indirectly about the affections of their Neighbours and what Arms were amongst them that so if they should resolve to joyn with the English they might know where to seek Men and Arms suddenly That here it was said by one by Polwart as the Deponent thinks That if the Earl of Tarras Torwoodlie Gallowshiels and he took Horse most part of Tiviot-Dale and Selkirk-Shire would soon come to them especially when they heard that England was risen That they all agreed to meet there again at Midsummer-Fair when the account from England might be expected but in case it came to any of their hands sooner each promis'd to advertise the rest The Deponent farther added he was told in private by Polwart or Torwoodlie That Polwart kept Correspondence with their Friends at London naming the Lord Melvil Sir John Cockran Jerviswood and Commissary Monroe That the Money to be advanc'd by the English Partie to Scotland was ready when Martin left London That it was expected within few days after it would be dispatch'd with some Confident to Holland that it was 10000 l. and was to be employ'd by that Confident at Argyle's sight for buying of Arms and providing Shipping to transport them with Argyle That as soon as the Scots at London got Notice of their Confidents arrival in Holland and that all other things were concluded with the English which might be about the middle of June then they would come down into Scotland and give them a particular Account of all Resolutions taken That the Deponent was told all Letters were written by both Parties as about the Carolina Business or concerning some Houshold-Furniture That there was a Sign and a Word agreed on that they might know with whom to use freedom the Word was Harmony and the Sign was the Opening of Buttons on the Breast-Coat and shutting them presently That the Deponent never saw it used except when he visited Parkhay in Edenburgh about the end of June who asking whether he had the Word and Sign of the Carolina-Men and the Deponent having given them said He was afraid the Carolina Business did not go well for there had been some of the Managers expected there eight days past but none were come Nor could he learn any of their Friends had heard from them for several Posts The said James Murray of Philiphaugh deposed farther That at their Meeting at Gallowshiels it was resolv'd they should keep their Cess or Tax unpaid till their next Meeting at Midsummer and should deal with all those they had influence upon to do the like and that upon the Supposition mention'd in his former Oath Next Hugh Scot Laird of Gallowshiels confess'd and deposed That the Earl of Tarras and Philiphaugh did come to his House in May 1683. That Polwart came likewise thither where there were Discourses and Proposals That if the English did rise in Arms their Friends in the South-Shires should rise with them That they should seize the Horses belonging to the Kings Troops where they grazed and attempt the Town of Berwick and the Castle of Stirling That it was likewise there discour'd of the late Earl of Argyle ' s coming to invade Scotland but because of the uncertainty of Sea-Voyages there was not much stress laid upon it That it was also proposed such of the South-Country whom they trusted should be acquainted with it That Endeavours should be used to learn what Arms were in the Country That the Earl of Tarras Philiphaugh Torwoodlie Polwart and some others should draw to Horse with the first when the rising should be in a readiness and that it might be expected the South parts of Tiviot-Dale and Selkirk-Shire would joyn with them The said Gallowshiels had also deposed before the Lords of the Secret Committee That the Earl of Tarras and Philiphaugh being in his House in May discours'd of an intended Rising in England and in London in particular and of Proposals made to the Scots to rise with them That Polwart was there present and told them he was sure the English intended so That they discours'd it was fit
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
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
by word out of those Papers For in stead of being a general Discourse for the Peoples Rights against Kings without any particular Applications to Time or Place as in this his last Paper he insinuates them to have been it is apparent to any Man that can but read that those Sheets of his VVriting which were given in Evidence strook at the very Root of the English Monarchy and that therein he studied to do his part to bring the Ax very near the Kings Neck once again He farther in that printed Speech most injuriously reviles his Judges affirming with notorious falshood and petulancy That lest the Means of destroying the best Protestants in England should fail the Bench was fill'd with such as had been Blemishes to the Bar. He goes on to make divers the like frivolous and groundless Reflections on the legal and regular Proceedings against him concluding with a Prayer that could be dictated by none but a fierce Republican and a furious Enthusiastical Spirit met together It was in truth a Prayer more proper for their Treasonable Meetings at Mr. Hambden's or the Lord Russel's than to be used as the last words of a Gentleman dying in the profession of his Innocency For after having fondly declar'd That he fell a Sacrifice to Idols he thus addresses his Speech to the great God of Heaven Bless thy People and save them Defend thy own Cause Defend those that defend it Stir up such as are faint Direct those that are willing Confirm those that waver Give Wisdom and Integrity unto all Grant that I may die glorifying thee for all thy Mercies and that at the last thou hast permitted me to be singled out as a Witness of thy Truth and even by the Confession of my Opposers for that Old Cause in which I was from my Youth engaged and for which thou hast often wonderfully declar'd thy self He makes it his last Glory That he was engag'd in that Old Cause from his Youth and he was so Being yet very Young he took up Rebellious Arms against his Majesties Blessed Father and merited so well of that Old Cause that he was thought rightly qualifi'd to be Named though he did not actually sit amongst the black Number of the Regicides Upon his Majesties most happy Return his fixt aversion to the restor'd Government was such that he would not personally accept of the Oblivion and Indempnity then generally granted to the whole Nation But he voluntarily banish'd himself for many Years till about the Year 1677 he came into England again and by his Majesties special Grace obtain'd a particular Pardon upon repeated promises of constant quiet and Obedience for the time to come Which how he made good the World may Judge In fine he fell a memorable warning and fatal Example to the English Nobility and Gentry of this and all future Ages that they should take heed of being so far infatuated with the fancie and Chimerical Felicities of Antient or Modern Commonwealths as to despise and attempt the ruine of the far more solid Liberty and happiness to be injoy'd under the English Monarchy On the 28th Day of November 1683 Mr. John Hambden Junior having also sued out his Habeas Corpus was arraign'd for High Misdeameanor and brought to his Tryal the 6th of February following In this Tryal the Lord Howard positively deposed to the same sense as before touching the general Transactions of the Conspiracy till the Earl of Shaftsbury's Death and particularly afterwards of the Meeting of the Council of Six at Mr. Hambden's own House where Mr. Hambden made an Introductory Speech to open the Assembly and the subject of their Debates was concerning the Time Place Men Arms and Money to be provided towards a Rising and also that then the sending a Messenger into Scotland was proposed and referred to be debated the next Meeting Farther That Mr. Hambden was present at that next Meeting at the Lord Russel's House and amongst the rest deliberated of sending the Messenger into Scotland when Aaron Smith was named and approved to be the Man But the substance of the Lord Howard's Evidence having been before sufficiently set down it will be needless now to follow exactly every Circumstance of it It is enough only to note That most of the same Objections being again repeated by the Defendents Council had the same or like Answers return'd them by the Kings There was indeed one new and very material thing then first particularly and unquestionably made out in this Tryal which was the certainty of Aaron Smith's carrying the Treasonable Message into Scotland This was now demonstrably proved by Sheriff and Bell both Inhabitants of Newcastle Sheriff being the Man at whose House Smith lay in his passage to and fro and Bell the very Guide that went thence to conduct him into Scotland Touching this Matter First Attherbury one of the Kings Messengers testified That Sheriff and Bell had a full view of Aaron Smith who was brought for that purpose from the Kings-Bench before the King That Sheriff and Bell did then own Aaron Smith to be the Man who had pass'd under the Name of Clerk That Sheriff declar'd the said Clerk lay at his House and Bell said that he travell'd towards Scotland with him being hired to shew him the way That to all this Aaron Smith would not answer one word Then Sheriff himself deposed That he keeping the Black-Spread-Eagle in Newcastle Aaron Smith came to his House about the middle of February 1683 That he staid there one Night went away and return'd again in twelve days or thereabout That he travell'd from his House Northward towards Scotland but first desir'd one might be got to shew him the way That to that purpose the Deponent sent for Bell whom Smith presently hired to go with him That when Smith came back he lay another Night at his House and so return'd into the South towards London That Smith went all the while by the Name of Clerk That the Deponent directed him to a Gentleman at Jadburgh which is Forty Miles from Newcastle and within Six Miles of Scotland Then Bell swore That Aaron Smith was the very Man who went by the Name of Clerk That the Deponent living at Newcastle and getting his Livelyhood by letting out Horses and guiding of Travellers Sheriff sent for him told him the said Clerk wanted a Guide into Scotland That this happen'd on the Thursday before Shrove Tuesday That the next Morning being Friday he conducted Smith towards Jadburgh that on the Saturday the Deponents Horse was tyr'd so Smith left him taking another Guide appointing him to come after as fast as he could to Jadburgh That the Deponent overtook him there on Sunday and on Monday Morning saw him take Horse with another Guide for Scotland saying he was going towards Douglas That Bell presently went back to Newcastle where he saw Smith and discours'd with him upon his return out of Scotland Then it was also proved by Sir Andrew Foster and Attherbury
adjusting that part of it which related to Scotland was chiefly under the care of the Council of Six and manag'd by Commissioners of both Nations sitting in London All which Particulars are so circumstantially set forth so often repeated and demonstrably confirm'd in the ensuing Evidences that it will be sufficient here only to direct the Readers Observation by giving a brief Summary of the whole Towards an Insurrection throughout England they laid the greatest stress on the City of London not doubting but if that were once secur'd to them the rest of the Nation must of course fall in taking incouragement and example in this as in many other things from the cursed Methods of the Unnatural Rebellion in the late Kings time The City of London therefore was carefully divided by them into Twenty parts and to that purpose one of the largest Maps of the City and Liberties was hung up in West's Chamber the most usual place of their Rendezvouzes the making the several Partitions and Allotments of the whole being committed to Richard Goodenough who by reason of his universal acquaintance as having been so often Under-Sheriff was judg'd the fittest Man of the whole Party for that Work The City being thus divided it was agreed that every Division should be assign'd to some one principal Man of greatest Trust Courage and Conduct each of those Twenty was to chuse Nine or Ten or more in whom they could confide These were to have the inspection of the several Under-walks and from time to time to make returns of their Numbers and Strength and when the List was finish'd it was to be communicated to the supreme Managers By this means they made no question but they should have a select Body of at least Eight or Ten Thousand approved and well appointed Men to make the first Onset Goodenough alone having assur'd them that out of seven Divisions only there were 3000 Resolute Men prepar'd to be ready at an hours warning For the increasing their Numbers and drawing in new Converts this one general Rule was carefully prescribed That the bottom of the Design should in the beginning be warily conceal'd from all Persons with whom they treated First their Inclinations were to be try'd by gradual Insinuations and plausible Discourses at a distance till they had gain'd a full assurance of their Fidelity They were to be ask'd What they would or could do in case of a Foreign Invasion When it was answer'd They would readily assist against any Common Enemy Then it was next to be demanded Whether they would contribute the assistance of their Persons or Purses or both That being also determined it was to be farther inquired What Furniture of Arms Horses and Money they had in readiness What Friends they could engage And if these Questions were resolved according to their Minds then the whole Mystery of the Villany was to be frankly disclosed They were to be told in down-right terms That there was already an Oppression and Force upon all they had That there was an actual Invasion on the English Liberties Properties and Consciences That the only Obligation the Subject has to the King is a Mutual Covenant That this Covenant was manifestly broken on the Kings part That therefore the People were free from all Oaths or other tyes of Fealty and Allegiance and had the Natural Liberty restored to them of asserting their own Rights and as justly at least against a Domestick as against Foreign Invaders The way being thus made to sound and prepare the Dispositions of ill Men for any Violent Enterprize the next thing that came under Deliberation was Mony For that several of the particular Conspirators declared they had considerable Sums of their own or deposited with them which were ready and might be call'd for on Occasion That great Subscriptions had been made of divers Thousands of Pounds which when the time of Action drew neer were to be distributed amongst the Chief of the Twenty Divisions That this would be enough to make provision for a sudden Push But if the business succeeded Half a Years Rent of the Chimney-Mony would be due besides what the Excise-Office and the Custom-House might afford That all the Mony and Plate in Lumbard-street and what was in the possession of the Bankers Goldsmiths and other Wealthy Men in London or the Suburbs was either to be seiz'd on as a just Forfeiture or Borrowed under the Name of the Old and Antiquated Cheat of the Publick Faith Particularly Ferguson whose constant Custom it was in all their Consults to out-do all the rest by some peculiar Circumstance of Cruelty of his own Invention added on this Head That little or nothing was to be expected from the Old Rich Cititizens that therefore Five or Six of them were to be kill'd at first and their Estates given to the Mobile to terrifie the rest The next necessary Provision they debated on was Arms. And it is notoriously known the whole Party had for a long time before been gathering great abundance of all Sorts All probably with the same prospect and in the same Proportion for their Parts in the Conspiracy as the Lord Gray had done for his though they happen'd not all to be so manifestly detected For a good while before any Conspiracy was suspected by his Majesty or his Ministers the said Lord was found to have by him hid under other Common Furniture in a dark Garret above Fourscore Compleat Arms in his Private City-House where no open Robbery or Assault could be fear'd and by consequence there could not be the least shadow of pretence that they were laid in there for his own lawful use or defence But besides these Stores which they had every one made for themselves it was resolv'd at the very first to attempt the Publick Magazines in and about the City Particularly that in the Artillery-Ground where a considerable Number of Excellent Arms were commonly kept without a Guard for the frequent exercises of the Citizens Many thoughts also were spent how to engage the Seamen to their Side To this end several Riotous Meetings were made at Wapping the greatest Men amongst them not disdaining there to Feast and Cajole the Rabble often styling that Scum of People they there met with their honest Wapping Friends Besides this some Sea Captains were tamper'd with and a Golden Ball was proposed to be hurl'd upon Black-Heath none questioning but the Seamen assembled at that sport would declare for them as one Man upon a groundless fancy that they were of themselves highly discontented and ready to Mutiny for want of Pay Though it must be said and his Majesty does hereby publickly own that their Practises with the Seamen met with the least success of any Nor is it imaginable the brave Race of English Mariners should ever prove false to his Majesty who has cherish'd incourag'd and promoted that Profession more than all the Kings of England have done since the Conquest his Majesty well understanding that the Safety
Riches and Honour of this Kingdom depend most on its Maritime Greatness However the Conspirators not in the least doubting but they should have sufficient Numbers to make a stand and give time to others to come in and declare their Rendezvouses were appointed in the chief Piazza's and most of the convenient Posts of London and Westminster whence they might at once Attack the Bridge the Exchanges the Guards the Savoy Whitehal and the Tower and they had ready in Town about 100 of Cromwel's old Officers to Head and Govern the mixt Multitude as soon as they should appear in Arms. At the same time a Party of 500 Horse was to come out of the Country to scour the Streets and immediately Barricadoes were to be made the Horses of Hackney-Coaches and other Strangers were to be seiz'd on the Horse-Guards not actually mounted to be surpriz'd in their several Stables the Churches to be broken open and used as St. Pauls was in the late times Ferguson had also often assur'd them he could promise for three hundred Scots to be ready at a day affirming that such a Number most of them Bothwel-Bridge Men resided about Town as Journey-men in divers Trades and were to be commanded by Ten or Twelve Gentlemen of that Nation Adding that some hundreds more went about the Country with Packs taking that way to get and carry Intelligence as well as for a Livelyhood Upon supposition of this Strength Whitehal was to be assaulted at once by one Party from the Strand by another on the back-side from Westminster and on the River by Water-Men in Boats with Hand-Granadoes And in confidence that his Majesty and the whole Court would speedily either be taken or fly there were distinct Parties assign'd to way-lay them on the Road either to Windsor or Portsmouth Their principal Aim being to surprize the Tower as a place most able to annoy them and where there lay great Magazines and Stores of Ammunition to furnish them they had many Debates of Stratagems proposed on that subject One was to be perform'd by Night by firing a parcel of Fagots to burn down the Gates whilst a strong Party without was to be ready to make a brisk Attack in the first Confusion of the Garison Another to be Executed about Two in the Afternoon thus One party privately Arm'd was to go see the Armory another the Lions The first to return into the Sutler's House by the Gate At the same time some were to come in Coaches on pretence of visiting the Lords then Prisoners Those in the Sutler's House were to Issue out and kill a Horse or overthrow a Coach just in the passage Then both parties to joyn and seize on the Guards and by a sign given upon the Coaches over-turning Two or Three Hundred Men lodg'd in Houses thereby were to come in and Second the rest Another was that some of the Conspirators as Constables and Officers of Justice should bring in others as Offendors and that several should enter feined Actions one against the other in St. Catharines-Court then held in the Tower On the Court Day others were to come in as Plantiffs Defendents and Witnesses who joyning with those that seem'd to come out of Curiosity all these might be seconded by a like party prepar'd from without the over-turning a Coach being likewise made use of in this Case Which soever of these ways should happen to be attempted The Lord Dartmouth Master-General of the Ordnance was immediately to be dispatch'd as one whose Bravery and Courage they fear'd would prompt him to Blow up the Great Magazine of Powder there and so Bury them with himself in the Ruine if he found he could not otherways resist them Besides securing to themselves by these means the Cities of London and Westminster which was their greatest Care they had also under Consideration the Raising Commotions at the same time in divers others parts of England Especially in those Counties of the West and North which they believed the Duke of Monmouth's Progresses had most inclined to their Factious Interest In every County some one Great Man was to put himself at the Head of the Rebellion and divers of them had their proper Stations appointed Particularly of Newcastle they made themselves sure and laid great stress upon it by reason of its vicinity to Scotland and the influence its Coal-Pits have on the City of London In Cheshire they depended on a numerous assistance that being the County in which the Earl of Shaftsbury had formerly advised the Insurrection should begin and a Free Parliament be declar'd for at the time of the Duke of Monmouth's going thither in one of his Mock-Triumphs Portsmouth was to be attempted by some going into the Town on pretence of seeing the place at the same time another Party coming in on the Market-day disguis'd like Country-Men and both together were to fall on the Guards From Taunton they expected great Numbers remembring the old Disloyalty of the Inhabitants which they had evidenc'd by a most remarkable insolence having presumed for some Years after his Majesties most happy Restoration to keep solemnly a Day of Thanksgiving to God for raising the Siege which his Father had laid against the Parliaments Rebellious Forces in that Town In Bristol they had secured a good Party which they doubted not might easily Master the City as manifestly appears by the full Confession of Holloway Citizen of Bristol which he freely made upon his very first Examination and afterwards confirm'd at his Execution when he could not have the least hope of Pardon to be obtain'd thereby At the same time when they were making these Preparations for an Insurrection the other design of Assassinating his Majesty and his Royal Highness kept equal pace with it It is manifest that some of these very Men had often before devised the Kings and his Royal Brothers Murder divers ways For besides what Hone confess'd of the Proposal to shoot them from Bow-Steeple and another Project of destroying them the next Lord Mayor's Day before which was laid aside upon notice that his Majesty and his Brother intended not to be there and besides Richard Rumbald's Invention of blowing up the Play-House when they should both be present the said Rumbald inform'd his Confederates that he and some of his Friends had resolv'd to cut off the King and the Duke in their Journey to or from Newmarket above ten Years before and had layn sometime in ambush to that purpose but without effect because as God would have it his Majesty and his Royal Brother then unexpectedly went the other way through the Forest which as the Wretch himself could not but observe they have seldom or never done before or since And now also upon this occasion divers ways of performing the Assassination were debated One was to make the attempt on them in St. James's Park as they were passing privately and sometimes almost alone to St. James's Another when they should be going down the River