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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

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

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.

Keeling Who was sworn Mr. Att. Gen. Pray will you acquaint my Lord and the Jury what you know of these Conspiracies and touching this man Mr. Keeling Some time my Lord before the King went to Newmarket I was at the Sun-Tavern and in company with Richard Rumbold Richard Goodenough and some others Goodenough calls me forth of the Room and asked me what Men I could procure I asked him For what purpose He said To go down towards Newmarket I asked For what end He said To kill the King and the Duke of York I told him I thought none Before the King came from Newmarket he renewed his Question to me again several times I had in the interim some discourse with Burton and Thomson Burton told me That Barbor would be concern'd and he also told me Thomson would The Saturday after the Fire hapned at Newmarket Rumbold came down to my House or the Friday the day that the News was of the Fire the day that he commonly came to Town he came to my House it was on the Friday to see those men I could procure and he desired to see them on the morrow which was the Saturday before the King returned the Saturday after the Fire I went into London and met Mr. Rumbold that day at the Exchange and he then put me in mind of the matter again I did go to Burton and Thomson and Barbor the place appointed on Saturday was the Mitre-Tavern at the corner of Dukes-place within Aldgate He did meet there where there was some discourse hapned tending to that matter by Rumbold the substance of which was Whether they were willing to go down I think he call'd the Place by the name of The Rye that is his House there being says he no greater conveniency than in that I believe scarce in England for the executing such a Design being an House very intire to it self and very remote from Neighbors besides the advantage that belongs to it of a Court or Wall And among other discourse this was an Argument to prevail with those persons For saith he it will be a keeping one of the Commandments to kill the King and the Duke of York for says he if that be not done there will be otherwise a great deal of Bloodshed committed He also told us the way that he design'd to effect this at his House That he had a conveniency for our Horses and that there would be so many appointed to shoot at the Postillon and the Horses and that there would be so many appointed at the Coach and so many Men to attaque the Guards And if there was a Failure in shooting the Coach-Horses that then there should be Men in the habit of Country-men with a Cart in the Lane and they should run this Cart athwart the Lane and so stop the Coach I believe there might be some other Particulars which at present I do not remember From thence we went to the Exchange and there we met in the Afternoon at the Dolphin-Tavern in Bartholomew-lane there was Rumbold West Goodenough and Hone the Joyner And after we had been there a little West asked Rumbold Whether he heard the King would come home that Night Ho said Yes he heard so but said West I believe he won't come till Monday and I hope he won't come till Saturday for that was the day appointed to go down to Rye to meet the King and the Duke of York Said Rumbold I hope they will not come till then But said West if they do come How many Swan-quills must you have How many Goose-quills And how many Crows-quills with Sand and Ink must you have Said they Six Swan-quills Twenty Goose-quills and Twenty or thirty Crow-quills L. C. J. Explain that Mr. Keeling I am coming to it I asked West or Rumbold or both of them what they intended by it they told me Swan-quils were Blunderbusses Goose-quills Musquets and Crows-quils were Pistols Sand and Ink Powder and Bullet This is all my Lord as I remember in general as to the Design L. C. J. What can you say concerning the Prisoner at the Barr Mr. Keeling I was at the Salutation Tavern and Captain Walcot was there and when I came in there was some person called me Culing and I a little stranged at it not knowing the meaning says I Gentlemen what do you design by it says one here 's a good health to our English Culing says West Culing in Dutch is Keeling in English and says Mr. West I hope to see Mr. Keeling at the head of as good an Army in Wapping as Culing is at Collen I suppose Captain Walcot remembers it very well I can say no more Sir to the Prisoner at the Barr I remember not to have seen him any other time upon this Design Mr. Serj. Jefferies Would the Prisoner at the Bar ask him any questions Cap. Walcot My Lord I don't remember any such thing If you please my Lord to ask him whether I call'd him Culing or said any thing more or less to him Mr. Keeling I don't say you did but you were by that I say Mr. Serj. Jeffreys I think Mr. Keeling you were the person that made the discovery give an account of it for the satisfaction of the world L. C. J. Upon what occasion did you reveal this Mr. Keeling If your Lordship please I will give you an account There was something happened before that time Some time before this thing was discovered Goodenough came down to my house and I went with him to drink a dish of Coffee and there was in company with him Richard Rumbold and his Brother William that I believe Mr. Walcot knows and when we were by our selves he pulls out some papers out of his pocket and gave me one I asked him what he meant he told me he had divided the City and Suburbs into twenty parts and there was three divisions and says he you know the persons better than I and who you can trust with it one is for your self and I would have you take to your assistance nine or ten men more or less that you can communicate it safely to and they were to go to several persons and ask them supposing that the Papists should rise or that there should be a general Insurrection or a French Invasion Are you in a posture of defence This was all we were to communicate of the matter to them and this was to feel them and see how many men they could raise And he told me there was a design to kill the King and the Duke which was design'd to be done at the Bull-feast for Mr. West had told me it was to be done between Windsor and Hampton-Court I asked him if that Design went on and he said no for the Duke of York seldom came with the King from Windsor to Hampton-Court but it was to be at the Bull-Feast And says he these men are to be in a readiness and it s designed that the thing should be laid upon the

that time but since I have had about the Affairs of my Lord Shaftsbury Sir Geo. Jeff. Do you remember Col. Romsey at the first time had any discourse about any private business relating to my Lord Russel Col. Romsey No I do not remember it Mr. Att. Gen. Besides the seizing of the Guards did they discourse about Riseing Mr. Sheppard I do not remember any further discourse for I went several times down to fetch Wine and Sugar and Nutmeg and I do not know what was said in my absence Sir Geo. Jeff. Do you remember any Writings or Papers read at that time Mr. Sheppard None that I saw Sir Geo. Jeff. Or that you heard of Mr. Sheppard Yes now I recollect my self I do remember one Paper was read Sir Geo. Jeff. To what purpose was it Mr. Sheppard It was somewhat in the nature of a Declaration it was read by Mr. Ferguson who was present at the reading I cannot say whether they were All present or not The purport of it was setting forth the Greivances of the Nation but truly what Particulars I can't tell It was a pritty large Paper Mr. Att. Gen. But you can tell the Effect of it When was that to be set out Mr. Sheppard It was not discoursed it was shewn only I suppose for Approbation Mr. Att. Gen. Who was it shew'd to Mr. Sheppard Sir Tho. Armstrong Sir Geo. Jeff. Who else Mr. Sheppard As I remember the Duke was present and I think Col. Romsey Col. Romsey No I was not it was done before I came Sir Geo. Jeff. What was the designe of that Paper Recollect your self what was the design Mr. Sheppard The design of that Paper was in the nature of a Declaration setting forth the Greivances of the Nation in order to a Riseing I suppose by the purport of the Paper but cannot remember the particular Words of it Foreman of the Jury Can you say my Lord Russ●l was there when that Declaration was read as you call it Mr. Sheppard I can't say that Mr. Att. Gen. But he was there when they talked of Seizing the Guards Mr. Sheppard Yes my Lord was there then L. Russel Pray Mr. Sheppard do you remember the time where these meetings were Mr. Sheppard I can't be positive as to the Time I remember it was at the time my L. Shaftsbury was absent from his own House and he absented himself from his own House about Michaelmas day but I can't be positive as to the Time L. Russel I never was but once at your house and there was no such design as I heard of I desire that Mr. Sheppard may recollect himself Mr. Sheppard Indeed my Lord I can't be positive in the times My Lord I am sure was as one meeting L. Ch. Just. But was he at Both Mr. Sheppard I think so But it was 8 or 9 Months ago and I can't be positive L. Russel I can prove I was then in the Country Col. Romsey said there was but One meeting Col. Romsey I do not remember I was at two if I was not I heard Mr. Ferguson relate the Debates of the other meeting to my Lord Shaftsbury L. Russel Is it usual for the Witnesses to hear one another L. Ch. Just. I think your Lordship need not concern your self about that for I see the Witnesses are brought in one after another L. Russel There was no design Sir Geo. Jeff. He hath sworn it Mr. Att. Gen. Swear my Lord Howard which was done Pray will your Lordship give an account to the Court what you know of a Rising designed before my Lord Shaftsbury went away and afterwards how it was continued on L. Howard My Lord I appear with some confusion Let no man wonder that it is troublesome to me My Lord as to the Question Mr. Attorney puts to me this is the Accompt I have to give 'T is very well known to every one how great a ferment was made in the City upon occasion of the long dispute about the Election of Sheriffs And this soon produced a greater freedom and liberty of Speech one with another than perhaps had been used formerly tho'not without some previous preparations and dispositions made to the same thing Upon this occasion among others I was acquainted with Captain Walcot a person that had been some Months in England being returned out of Ireland and who indeed I had not seen for 11 Years before But he came to me assoon as he came out of Ireland and when these unhappy divisions came he made very frequent applications to me and tho' he was unknown himself yet being brought by me he soon gained a confidence with my Lord Shaftsbury and from him derived it to others when this unhappy rent and division of mind was he having before got himself acquainted with many Persons of the City had entred into such Counsels with them as afterwards had the Effect which in the ensuing Narrative I shall relate to your Lordship He came to me and told me that they were now sensible all they had was going that this Force put upon them L. Ch. Just. Pray my Lord raise your voice Else your evidence will pass for nothing One of the Jury We cannot hear my Lord. L. Howard There is an unhappy accident happened that hath sunk my voice I was but just now acquainted with the fate of my Lord of Essex My Lord I say He came to me and did acquaint me that the People were now so sensible that all their Interest was going by that violence offered to the City in their Elections that they were resolved to take some course to put a stop to it if it were possible He told me there were several Consults and Meetings of Persons about it and several Persons had begun to put themselves into a disposition and preparation to Act That some had furnished themselves with very good Horses and kept them in the most secret and blind Stables they could That divers had intended it and for his own part he was resolved to imbark himself in it And having an Estate in Ireland he thought to dispatch his Son thither for he had a good real Estate and a great Stock how he disposed of his Real estate I know not But he ordered his Son to turn his Stock into mony to furnish him for the occasion This I take to be about August His Son was sent away Soon after this the Son not being yet returned and I having several accompts from him wherein I found the Fermentation grew higher and higher and every day a nearer approach to Action I told him I had a necessity to go into Essex to attend the concernes of my own Estate but told him how he might by another name convey Letters to me and gave him a little Cant by which he might blind and disguise the Matter he wrote about when I was in the Country I receiv'd two or three Letters from him that gave me an Account in that disguised stile but such as I understood