THE TRYALS OF Thomas Walcot William Hone William Lord Russell John Rous William Blagg FOR HIGH TREASON For Conspiring The Death of the King And raising a REBELLION IN THIS KINGDOM At the Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday Friday and Saturday Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being meâ— and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which True and Faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the antient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Commâ—n Tranquility of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of November in the Year of the Reign of our Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a Miserable Slaughter amongst the Subject of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move procure and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Soverâ—ign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly name of the Imperial Crown of this his â—â—â—â—dom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the second day of March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
Statutes that have been made subsequent make it plain that it does so extend But before I speak to them There is â— Inst. fo 157. that takes notice of this Statute and speaks it generally that the Freehold ought to be in the same County nor do I remember to have seen any Book that distinguishes between Counties at large and Cities and Counties But Statutes that have been made concerning Cities and Counties are a plain declaration that this is meant of Juries both in Cities and Counties I will mention the Statute 7 H. 7. c. 5. The substance of the Statute is this It takes notice that there were Challenges in London for that they had not 40 s. per Ann. and that this Challenge was to be made in the Wards which are the same with Hundreds in the Counties so this Statute is made to take away the Challenge of 40 s. Freehold This Statute of 7 H. 7. that takes away the Challenge in London for not having 40 s. is with submission a strong Evidence and Authority that it was before that time a good Challenge for otherwise to what end should they make a Statute to take away the Challenge unless it were before a good cause of Challenge In the next place 4 H. 8. c. 3. that extends to Civil Causes in London and says That in London Jurors shall but provides only for London in Civil Causes be admitted in Civil Causes that have goods to the value of 100 Marks My Lord if that first Statute or the Common Law had not extended to require Freeholds in London then there would have been no need of this Statute that was made to inable men to be Jurors that had goods to the value of 100 Marks So that we take it to be good Authority that by the Common Law Freehold was required in all Civil Causes Then there is another Statute 23 H. 8. 13. and that will be a strong evidence to shew what the Law is For the Statute says in Cities and Burroughs in Tryals of Murder and Felony if a Freeman of the City of London is to be tried the Freemen shall be upon the Jury tho' they have not Freehold and then there is a Proviso that for Knights and Esquires that are out of the Burrough tho' they are arraigned in the Burrough that extends not to them tho' in cases of Murder and Felony As for this Statute we take this sense of it First that it does not extend to Treasons for when it only names Murders and Felonies that makes no alteration as to Treason therefore that stands as before But if there be any alteration that extends only to Freemen and Burgesses that are to be tried but not to Knights and Esquires so that if we were in a case of Felony and Murder I think we are not concerned in this Statute for we are no Freeman nor Burgesse but we are an Esquire and therefore ought to be tryed by Freeholders So that for the Law we relye upon these Statutes that we have looked upon as strong evidence that there ought to be in the Tryal of the life of a man especially for Treason Freeholders First if it were in Civil Causes if this qualification be not in Jury-men then an Attaint would lye the Penalty in an Attaint is that their Houses should be pulled down c. This is provided by the Law to the intent the Jury may be careful to go according to their evidence 'T is true no Attaint does lie in in Criminal Causes but if so be in Civil Causes there be required Freeholders and an Attaint lies if there be not 't is not reasonable to think but there should be as great regard to the life of a man as to his Estate Next my Lord I do not know any Law that sets any kind of qualification but this of Freehold so that be the Persons of what condition or nature soever supposing they be not outlawed yet these Persons if this Law be not in effect may then serve and be put upon the life of a man These are the reasons my Lord for which we apprehend they ought to be Freeholders Mr. Holt. My Lord I would desire one word of the same side We insist in this case upon these two things First we conceive by the Common Law every Jury-man ought to have a Free-hold we have good Authority for it Cokes first Institutes but if that were not so I think the Statute Mr. Pollexfen hath first mentioned 2 H. 5. c. 3. to be express in this point My Lord the Statute in the Preamble does recite all the mischiefs it says great mischiefs ensued by Iuries that were made up of Persons that had not Estates sufficient in what As well in the case of the Death of a Man as in the case of Free-hold between Party and Party The Statute reciting this mischief does in express words provide two Remedies for the same in these Cases First on the Life or Death of a man the Jury or Inquest to be taken shall have 40 s. per Ann. and so between Party and Party 40 Marks so that this being the Tryal of the Death of a Man it is interpreted by Stamford 162 a. That is in all Cases where a Man is Arraigned for his Life that is within the express words of the Statute Besides this Exposition that hath been put upon the Statute my Lord it does seem that the Judgment of several Parliaments hath been accordingly in severall Times and Ages My Lord to instance in one Statute that hath not been mentioned and that is the 33 of H. 8. c. 23. That does give the King Power to award Commissions of Oyer and Terminer for Tryals in any County of England And that says the Statute in such Cases no Challenge to the Shire or Hundred shall be allowed that is you shall not Challenge the Jury in such a Case because they have not Free-hold are not of the County where the Treason was Committed but that upon the Tryal Challenge for lack of Free-hold of 40 s. a year shall be allowed though it alters the manner of Trying Treason by the Common Law so that my Lord here is the Opinion of that very Parliament that though it took away the usual method of Tryals yet it saves the Prisoners Challenge for want of Free-hold Now indeed that Statute is repealed but I mention it as to the Proviso that it shews the Judgment of that Parliament at that time My Lord those other Statutes that have been made to Regulate Cities and Towns Corporate why were they made 33 H. 8. That no Free-hold should be allowed that shews that 2 H. 5. did extend to these Cases But my Lord these Statutes that shew the Judgment of the Parliament sufficient to our purpose do not extend to this Case the Statute goes only to Murders and Felonies but not to Treasons And we are in the case of a Penal Statute and concerning the Life and Death of a Man which
longer with opening the matter but beg the favour of the Court that we may acquaint you a little with the method we intend to follow in calling our Evidence for the King against the Prisoner at the Bar. In the first place my Lord we will call our Witnesses to give your Lordship and the Jury satisfaction That there was a design in general and that that design was first intended to be a general Rising over all the Kingdom in which design the Prisoner at the Barr had a very consideraâ—â— share and was looked upon to be a very proper and fit person for the managery of that part of the design For other meetings and at what places Mr. Attorney hath already opened to you We will then come to more particular agreements that were between them in order to the carrying on this admirable good work as it hath been truly stated for the destruction of the best and most merciful of Kings and for the destruction of the best of Religions the Religion of the Church of England I take notice of it because all men may know The most of these persons nay all of them concerned in this hellish Conspiracy were Dissenters from the Church of England And the better to effect this horrid villany I am sure I want words and so does any man else to express the baseness of these crimes the better to effect this thing the way it was to be done was by taking off the King and by taking off his Brother too At length after several debates and some proposals made between these persons they came to a determination and an actual resolution To take off the King and his Royal Brother My Lord we will prove generally that this was the intent of the design or the Plot in general My Lord we will then give you an account That they entred into several consultations for a new model and frame of Government for they intended to set up the people and they had even fixt a certain superiority and resolved as all people of their principles have a mind according to their several inclinations to fix the power in the people Gentlemen an old Tenent that brought the Kings Father to that untimely and horrid end by fixing the power in the people These Gentlemen had a mind to insinuate and ingage the people by fixing the power in them and saying that publick Proclamations were to be made And after this horrid and barbarous murder intended upon the King and the Duke there were Declarations to be made in the names of such and such Lords and the Associating Members of the last House of Commons these were the persons thought fit in whose hands the power of the whole Kingdom should be lodged Gentlemen after we have given you an account of the several meetings then we will come to the Prisoner at the Bar and prove against him That he had not only an hand in the first part of the plot about the rising but he was also to be one of those villains that were to murder the King I cannot express my self in more moderate Terms and I am sure no man can blame me that hears the proof Gentlemen when we have thus given you this Evidence I hope we shall satisfie the Court and all mankind That persons that have been thus guilty under pretence of Religion or under any other pretence whatsoever are fit objects of the severity of humane Laws If we prove against the Prisoner at the Bar That he had an hand in this horrid Conspiracy I make no doubt but you will shew your selves to be Englishmen loyal men and overtake all men that thirst after the Kings blood Mr. Sol. Gen. Gentlemen we will call our Witnesses and as no man can doubt but the murder of the King that vile design would have been seconded by a power to back that horrid villany so we shall shew you That this Gentleman was concerned in both parts in the immediate assassination of the King and the raising of Arms. We need not go about to give you an history of the thing any other way than in applying it to this person for there is no part of this Conspiracy he can clear himself from and all the evidence that speak of this design speak of this man as a chief Actor in it M. Att. Gen. Call Col. Rumsey who was sworn Mr. Sol. Gen. Col. Rumsey Pray give my Lord and the Jury an account what you know of the Prisoner at the Bar whether he were concerned either in relation to the murder of the King or the raising Arms. L. C. J. Mr. Rumsey raise your voice so audibly that you may be heard Col. Rumsey The first meeting I had with this Gentleman was at Mr. West's Chamber Mr. Att. Gen. Before you begin to tell of your meeting give an account of any rising that you have heard of Col. Rumsey Sir about the latter end of October or the beginning of November I was with my Lord Shaftsbury late at Night and he told me That the Duke of Monmouth my Lord Russel my Lord Grey and Sir Thomas Armstrong were at one Mr. Shepherd's house near Lumbard street He desired me to go to know what they had done about the raising Arms at Taunton I did go and Mr. Shepherd carried me up to them and they told me That Mr. Trenchard had failed them about the men and they could proceed no farther at that time L. C. J. What Shepherd was this Coll. Rumsey Mr. Shepherd the Merchant near Lumbard-street one Mr. Thomas Shepherd And so I came to my Lord the next day and told him of it and then he made his preparation to be gone for Holland L. C. J. What discourse had you with my Lord Shaftsbury thereupon What did he say What made you believe he made preparation to be gone Col. Rumsey My Lord he said there was no dependance upon those Gentlemen that met and he would leave England After that a Fortnight or three Weeks there was a meeting one day at Mr. West's Chamber and there was Mr. West and Mr. Goodenough and Mr. Wade and some body else there was but I cannot remember his Name Captain Walcot was in Holland then There it was proposed nothing was to be done by a general Rising but there was no surer way than to take off the King and the Duke and that to that intent and purpose they could not carry it on without Mr. Ferguson and so he was writ for into Holland and he came out of Holland upon that Letter and Captain Walcot with him After Mr. Ferguson's coming back from Holland there was very suddenly a meeting again and then it was concluded that nothing was to be effected without taking off the K. and D. or to that purpose Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain Walcot was there to find out men and they could not find out a number of men without which Mr. Rumbold would not
securely and you did undertake as several Witnesses say not only Mr. West but Col Romsey and another of them Bourne I think it was That you would fight the Gaurds if you might have a considerable number of men Capt. Wal. My Lord If ever I was at Mr. Romballs house unless it was when I travelled from York by Norwich and came to London if ever I was there since then I am Guilty of all the Roguery imaginable Mr. West I never heard my Lord Mr. Romball say he was there but Col. Romsey told me so Col. Roms My Lord he bought an horse and he said he did intend to go down and indeed to the best of my remembrance he did say he was down but I am not certain but he did buy an horse that cost him I think twenty pounds L. C. Just. For that purpose Col. Romsey Yes L. C. Just. Now you hear this is a little more particular than the other Col. Romsey did say before that you did agree to go down and as he believes you did go down Col. Roms I believe Mr. West may remember he bought an horse for that purpose Mr. West I remember he bought an horse for service but I can't say it was to go down thither L. C. Just. It does import you to tell us upon what account you met so often and what was your meaning in hearing these things and consulting of them and what your raising of men was for and the Declaration written for the people to please the people when this Assassination was over Capt. Wal. The Declaration Mr. West saies was in October last Mr. West I take it to be so My Lord to the best of my remembrance there was this passage saies he I believe in a month or three weeks you will be better or worse so that I measure it by that Cap. Wal. My Lord Mr. West does tell your Lordship a very long story and sometimes he names one Gentleman and sometimes another I am very fearful the Iury will be very apt to apply all to me who was the man least concerned for I had the Gout for several weeks together and Mr. West came several times to my own Lodging to see me And for that of Assassinating the King it never entred into my thoughts more or less but here are four Gentlemen who by their own Confession are sufficiently culpable they to wipe off their own stains are resolved to Swear me out of my Life L. C. J. What made you among them Mr West I do take it upon me he was there three or four times Cap. Wal. I did not stir for three weeks or a month I came to Town on Ashwednesday and then fell ill of the Gout and that continued for divers weeks for a months time that the King was at New-Market I am confident I was not out of my Chamber unless I made a shift to scramble to Stepney and dipp'd my foot in every Well of water I came by Mr. West My Lord I do remember this passage The he was afraid he should not be able to draw on his Boot because he had the Gout Cap. Wal. I desire to know my Lord when is the time Mr. West speaks of that I gave an account of killing the King at my Lord Mayors Feast Mr. West I do not charge you positively with it but I had it from you or Mr Ferguson but I must do the Prisoner justice he said he would be no way concerned in it Mr. Att. Gen. Pray Swear Mr. Blaithwaite which was done Mr. Blaithwaite pray tell my Lord and the Iury whether Capt. Walcot owned that to be his hand A Letter being then produced from Captain Walcot to Mr. Secretary Jenkinâ— Mr. Blathwait My Lord I remember when Captain Walcot was Examined before the King he did own this to be his Hand Sir Geo. Jeff. Give it in Cl. of Cr. Honoured Sir Iuly 5 th 83. L. C. J. Who is it directed to Cl. of Cr. There is no Direction Mr. Blathw It was Directed to Mr. S. Jenkins as I find by the Minutes I then took of it L. C. J. Here is the Cover it seems Cl. of the Cr. To the Right Honourable Sir Leoline Jenkins c. Honoured Sir I Being in the Country and to my great trouble seeing my self in his Majesties Proclamation I came last Night to Town resolving to lay my self at his Majesties Feet let him do with me what he pleaseth This it the first Crime I have been Guilty of since His Majestie 's Restauration and too soon by much now If his Majesty thinks my Death will do him more good than my Life God's Will and His be done Vntil I sent your Honour this Letter my Life was in my own power but now it is in the Kings to whom I do most humbly propose That if his Majesty desires it I will Discover to him all that I know relating to England Scotland or Ireland which I suppose may be something more than the Original Discoverer was able to acquaint His Majesty with especially as to Ireland There is not any thing His Majesty shall think fit to ask me but I will answer him the Truth as pertinently and as fully as I can My intimacy with a Scotch Minister through whose Hands much of the Business went I judge occasioned my knowing very much And I do further humbly Propose That â—f His Majesty thinks it advisable I will fâ—llow those Lords and Gentlemen that are fled into Holland as if I fled thither and had made my Escape also and will acquaint the King if I can find it out what Measures they resolve of taking next I do assure His Majesty the Business is laid very broad or I am misinformed And I am sure as to that particular if my being with His Majesty and your Honour be not Discovered I shall be ten times abler to serve him than either Mr. Freeman or Mr. Carr for they will trust neither of them There 's scarce any thing done at Court but is immediately talk'd all the Town over therefore if His Majesty thinks what I have presumed to propose Advisable I do then further most humbly Propose That my waiting upon His Majesty may be some time within Night that your Honour will acquaint me the Time and Place where I may wait upon you in order to it and that it may be within Night also and that no body may be by but his Majesty and your Honour And if His Majesty pleaseth to Pardon my Offences for the Time past he shall find I will approve my self very Loyal for the future if not I Resolve to give His Majesty no further Trouble but to lie at his Mercy let him do with me what he pleaseth I purpose to spend much of this Day in Westminster-Hall at least from Two of the Clock to Four I beg your Pardon I send your Honour-this by a Porter I assure your Honour it was for no other reason but because I would not have a Third
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 saâ—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 befoâ—â—â— 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 Fâ—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 indâ—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 â—candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.
Lord Shaftsbury sent him to persons concerned in the Conspiracy to know in what readiness it was but they being disappointed of men whom they expected to rise in the Country they did defer it at that time at which my Lord Shaftsbury being concerned went into Holland and I think the Prisoner himself hath told you he went with him The design was not then laid aside but still carryed on the most material man Mr. Ferguson being in Holland there was some little stop put to it that is to the swift progress of it therefore he was sâ—nt for over to manage it as being the only man in whom all persons had confidence When he comes over he brings Cap. Wal. along with him Mr. Ferguson meets at Mr. Wests Chamber this Mr. West and Col. Rumsey give an account of they both swear it Several meetings there was in which Cap. Wal. was not and possibly at those times he might be sick of the Gout and that might occasion his not being there But afterwards both tell you that Cap. Walcot did meet at Mr. Wests Chamber and there was debated particularly the Assassination of the King and it was agreed to be at Rombalds house called the Rye looking upon it as a very convenient place as those that know it say there being a narrow passage that it was easie to assault and hard for persons to esape and with 40 or 50 men thereabouts it was a design very likely to have suceeded Cap. Walcots share in this was not directly the Assassination of the King that he would not be concerned in being a Soldier it was beneath him to do that but his part was to fight the Guards he looked upon that as the more honourable employment men-that were armed to ingage them This is proved both my Mr West and Col. Rumsey In the next place Gentlemen when this did not succeed but was prevented by the great Providence of God Almighty as you have heard they carry on the design still and take it into their Counsels and resolved to carry it on either at Windsor or in his passage from Windsor to Hampton-Court but no place was certainly fixed upon and I think the latter resolution was that it should be done at the Bull Feast an entertainment that was designed here in the Fields Now Gentlemen while this was carrying on it was necessary to carry on the other part too that is the Insurrection and that Cap Walcot is all along concerned in He is present at the meetings in the Taverns where they discoursed concerning raising men to secure the King This is Mr. Bournes Evidence That at the Dragon-Tavern on Snow-Hill there they met to consult to secure the King and the Duke That he was present at the meeting in London this is sworn by all by Col. Rumsey Mr. West Mr. Bourne where Goodenough was to give an account what success he had in the list made of dividing the City in several parts and raising men out of every division and Cap. Walcot met for to know what progress they had made in it Gentlemen every one of these are overt-Acts to declare his intention to kill the King and are all High-Treason The Gentleman at the Bar cannot attempt to mitigate his Offence by saying he would not directly Assassinate the King but would be the man to assist in raising Arms this make him equally Guilty To conspire to raise Arms against the King certainly that is as great a Declaration of his Imagination of his heart to kill the King as anything in the world And this being proved upon him there is no room for any Ojections for him to make some he hath made not worth the mention but because they are those he thinks fit to put his life upon I will take notice of them to you He says the Witnesses are not to be credited because they have been concerned in the same Conspiracy Gentlemen Because they have been concerned therefore they are to be believed for who should know this but thosâ— that were so concerned I think Gentlem. there is no good man no honest man would desire a better Evidence for better Evidence could not have been had unless the thing had taken success and I am sure that is far from the heart of any man that has the heart of a Christian to wish Does he pretend to intrap these Witnesses in any contradictions Does he pretend to say that these Witnesses have consulted together to make up this story to accuse him for his life There is nothing pretended of it but on the contrary he owns he met these men but the end of his going there was only to hear news I thought that had not been the proper place to hear News inicertainly no man that comes there would have been admitted meâ—rly for curiosity certainly he must bring a mind to accompany them in all their Villany but his own confession you have for that I think he hath hardly confidence to deny but he was at several Consults for raising of Arms at Mr. VVests Chamber You were when Goodenough gave an account at the Green-Dragon Tavern You were where discourses were of raising Arms to secure the King and nothing he has said Gentlemen to clear himself Gentlemen Here is that above all Evidence here is almost the Confession of the Prisoner the Letter of his own Hand That Letter when he see his Name in the Proclamation acknowledges it it is his first Crime he says what was that Crime he was proclaimed as a Traitor He says in his Letter that his Life was at the King's Mercy that if his Death would do the King more Service than his Life God's Will be done That if his Mâ—jesty would admit him to come in and use Mercy he would tell all he knew concerning England Scotland and Ireland which he thought would be more material than any thing that another Discoverer couâ—d tell This shows he hath a deeper Hand than any of these Men that have given this Evidence You see they accuse themselves they confess this and 't is a great Mercy they have so done for all your Lives and Liberties in the Person of the King are preserved and God be thanked that you are here this day to sit in Judgment upon that would have deprived you of them L. Ch. J. Look you Gentlemen of the Jury Here is the Prâ—soner at the Bar indicted of High Treason and 't is for conspiring the Death of the King and for endeavouring to raise Arms within his Kingdom against him You hear he dâ—nies himself to be Guilty you have heard the Evidence and this does plainly appear upon what you have heard that there was a dangerous and desperate Plot upon the King to have destroyed him that is most certainly plain the Prisoner himself confâ—ssed it that there were several Consults and Meetings concerning it and that this had a great Progress from time to time for near half a Year is very plain that he was at
This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. Gen My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence Stands There is one Evidence since Christmas last L. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. C. Just. If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think t is not Punishable by that Act. I desire Counsel may be admitted upon so Nice a Point My Life Lies at Stake here 's but one Witness that speaks of a Message Sir Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell My Lord I do not think it proved I hope you will be of Counsel for me t is very hard for me that my Counsel may not speak for me in a point of Law L. C. Just. My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy says he brought a Message which I will Swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and Seven Months agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not â—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 â—â—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
untrue thing for you Rouse My Lord I only beg a little time I don't design to make any evasion That I am innocent I thank God I am L. C. J. We can't give you any further time unless the King pleases we are bound to Try those he brings before us Sir G. Jeff. Because Captain Blage does desire not to be joyned to the other we that are for the King are contented that Rouse be Tryed first Then Captain Blage was taken away and after several Persons challenged by Rouse the Iury that were Sworn were Robert Beddingfeild John Pelling William Windbury Theophilus Man John Short Senior Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe Cl. of Cr. John Rouse Hold up thy hand You of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted Prout antea in the Indictment Mutatis Mutandis upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal put himself upon his Country which Country you are your Charge is to inquire c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in conspiring the Death of the King and in order thereunto consulting how to-seize the Tower and in providing of Arms in order to destroy the King and subvert the Government if we prove it upon him you are to find him Guilty Sir G. Jeff. The Prisoner at the Bar was as you have been acquainted in that horrid conspiracy whereof several of the Conspirators have been brought to Tryal and received a Verdict surely according to Evidence The Prisoner at the Bar did bear a proportion among the rest It does occur to your memorys There were several undertakers that undertook several stations some whereof were to undertake the blackest part of this horrid Villany by the taking off the King and his R. Highness his Brother others in order to the same design were to seize upon the King's Guards and so to deprive him of all manner of defence whatsoever and to prevent all persons to make any defence against them as you heard there was another part to be acted therefore the Town was to be divided into several Divisions I think there was Twenty but the most numerous and beneficial parts were thought to be about Wapping A particular part of the Evidence was that the Tower was to be seized and the Kings Arms there I know you observed that they took notice of a particular place of the Tower that was most capable of access This Rouse is a Gentleman very well known 't is not the first time he hath been at this Barr He was here at a time when the common justice of the Nation could not be obtained in this place in so much that the Judges who came to execute Justice had more reason to fear being executed upon the Bench than the Prisoner at the Bar. It may easily appear how far Mr. Rouse was concerned I don't love to aggravate matters he has crimes enough he was reckoned Pay master to this rabble he was to take care to manage those persons that were to seize upon the Tower He is a man of great skill in that subject a Doctrine wherein he was well tutoâ—ed under a Lord you heard mentioned this morning but he is in his grave and so I shall say no more of him We shall give you an account of a design he had how to compass this business Black heath was looked upon as a convenient place where there was to be a Golden Ball for which the Sea-men were to play in great numbers and he that won the prize was to have the Golden Ball but his eye was upon the Tower all this while He thought to allure these silly Sea-men by the advantage of the honourable winning of this Ball and when they were fraighted with the success of this meeting then it was proper to attack the Tower We shall prove the other Prisoner that was at the Barr ingaged with this Prisoner at the Barr. We shall not only prove this but that Mr. Rouse hath been always of an inclination against the Government We shall call you Witnesses that he hath undertaken to dispute by what Authority the King comes to govern into England that he hath said he had forfeited his Government that he told an ordinary Miscreant one of his Levellers that he had as much right to the Crown as he had My Lord if we prove this matter to your Lordship and the Gentlemen of the Jury it will be high time for us to endeavour to preserve the Crown upon that Royal Head upon which all Loyal men desire it should flourish as long as the Sun and Moon indure Mr. Burton Call Thomas Leigh Who was Sworn Mr. Jones Pray give us an account what you know concerning Mr. Rouse Mr. North. Of any design against the King and providing Arms. Rouse If it please you my Lord one word before he speaks I have an exception against him I wonder with what confidence you can look in my face at this time Kings Counsell Nay nay speak to the Court. Rouse My Lord he is a person that before he was taken up was swore by two persons to have a hand in the Plot one was Mr. Keeling the other Mr. How of Old street and then being taken up and conscious to himself that he was Guilty of such notorious crimes and knowing I was pretty well acquainted with him he was deadly afraid I should come and Swear against him and thereupon he took the boldness to swear against me first Mr. North. My Lord he hath offered nothing of Objection Rouse I suppose with submission to the Court without he have his Pardon he is no Evidence in this case Sir G. Jeff. Come tell us all you know Mr. Leigh If it please you my Lord I have been concerned in this Conspiracy I know something of it but I believe Mr. Rouse knows a great deal more Mr. Rouse takes me to the Kings head Tavern in Swithins-Alley where after some time Mr. Goodenough came where there was a Clubb of men that was in the Conspiracy I had seen Mr. Goodenough before he acquainted me that there was an apprehension our Rights and Priviledges were Invaded and it was time to look to our selves for Popery was designed and Arbitrary power and therefore he desired to know whether I would ingage in that affair to prevent it and withall he told me the City of London and Middlesex was divided in Twenty-parts and he asked me to ingage in one part I told him my acquaintance did not ly where I lived but I would get a part where my acquaintance was I acquainted Mr. Rouse and Mr. Goodenough what men I had spoke to Mr. Goodenough told me the design was to set up the Duke of Monmouth and kill the King and the Duke of York but that all Parties must not know of it
hâ—llish design though I thank God I had no hand in it Say I who are the Persons Pray declare the bottom of this story you come to me about one day after another With much ado he told me Mr. Goodenough was one After this discourse I never saw Mr. Goodenough but twice once was at the King's-head Tavern where I believe was Twenty the second time was a day or two after I saw the Proclamation and his Name in it So much I speak of Mr. Goodenough I asked him the Names of the other persons that were ingaged in this Design and says he I must conceal them for I am under an obligation but the first time I saw the Proclamation against Col. Rumsey and the others says he I was deadly afraid I was in the Proclamation but says he all these persons are concerned and several others Thereupon he told me that when they met they came to this Resolution of seizing the Tower the Aldermen and taking of London Says I pray what money have you to carry on this Money oh says he we don't want money says he Mr. Goodenough hath assured me there is 40000 l. L. C. J. Look you you invert all his discourse He hath sworn it against you Have you any evidence in the world You are not in a capacity to swear against him Rouse My Lord he hath turned it upon me he spake to me always in private L. C. J. Look you You have fixed but upon one person here was Mate Lee that gives a very threwd Evidence against you did he come and teach you did he use these words Rouse My Lord I have nothing to say against Mate Lee I hope he is an honest Man But I having a Design to discover this whole thing and having so much out of Leigh the Dyer L. C. J. What did you use these words to him for then Rouse To satisfie the Gentlemen that put me upon it that I might come to the bottom of the Design Mr. Just. With You say you know a great deal more How came it to pass you never told the King one word of this 'till after you was taken Rouse I have told it since I was taken Mr. Sol. Gen. Pray when you had got to the bottom of all this as you call it why did you deny your Name Rouse I did not deny my Name Sir G. J. He hath as many Names as he has Designs and they are abundance Rouse I did not know they were Officers I did not think there was any obligation upon me to tell every Man my Name L. C. J. You hear what Evidence is given against you concerning your Discourse in Eighty One which though it be not the thing for which you are directly called in question yet if you could clear your self of it it would import you much for that does show your spirit and that you have had a long while a design against the King's Life if that be true therefore it would be very fitting that you purged your self of it and that you could some way or other give an Answer to what you said That the King had forfeited his Crown and had no more right to it than one of those sorry persons you spâ—â—e to And to say the Parliament might take away the King's Authority These are strange treasonable Expressions Rouse My Lord Though this thing be revived which was out of doors two years since and I suppose it is well known to your Lordship who was then upon the Bench. As I was told there was a word in the Indictment called Colloquium He was asked what Discourse passed before But if Mr. Corbin would remember himself I do confess I did say these words but the words that followed before Mr. Just. With. What do you mean the Cart before the Horse Rouse Mr. Wyat was urging of several Discourses the Popish Grandeur in deposing Kings and I gave this Answer in these words Sir says I If it were in the power of any Pope to depose the King then he might as well take away the Crown off the King's Head but he hath no such Power if he had that Power says I then the Crown of England is yours as much as his Mr. Sol. Gen. What was the Colloquium when you said the Parliament might take it away Rouse I never said that L. C. J. I have heard a great deal of your discourse if you think you can make any of it good by Witnesses to your advantage call them Rouse My Lord I have not had time to collect my Witnesses How can it be supposed I should call Witnesses I don't know whether they are here Here are Witnesses called to prove a Matter whereof upon a Tryal two years past I was acquitted Mr. Just. With. Pray do not go away with that here are two Witnesses since L. C. J. You were told that was not the thing laid to your charge now that does only shew the temper of your spirit and how your inclinations hath been all along Look you this you are now charged with is a design to Seize and kill the King and to that purpose to have entred into a Conspiracy with Goodenough and others for the raising of men and the making of a Rebellion and Insurrection here in the Kingdome whereby you might have seized not only the King but his Fort here the Tower and made your selves Masters of hiâ— Ships and so enâ—red into a perfect War with him in his own Kâ—ngâ—ome to the destruction of himself and the Government You hear what the Witnesses say against you Rouse I do declare in the presence of God Almighty before whom I must stand it never entred into my heart Mr. Jones If that would do we should have none hanged Râ—usâ— I appeal to your Lordship and this honourable â—ourt whether 't is likely for me who am such a silly person to ingage in such a Devillish design especially being concerne with no person in the world about it for I declare if I was upon â—en Thousand Oâ—ths I never had any discourse with any person in the world aâ—out it In the next place I was nâ—ver in any meeting though I have heard of several darkly that they met in London and in several Clubbs but I could never find out the places I desire to ask him whether he knows with whom I did concern my self L. C. J. Look you did you never meet him with any company concerning any of these Treasonable designs that you have spoken of Mr. Leigh I will give your Lordship and the Jury an accompt Mr. Rouse acquainted me he could make Ten Sea-Captains I acquainted Mr. Goodenough with it He tolâ— me he wâ—ulâ— have a Golden Ball and told me the charge We went to the Angel and Crown Tâ—â—rn from thence he came to meet Mr. Goodenough to tell him what he had said to these Captains The next dâ—y he met Mr. Goodenough and Mr. Goodenough Mr. Rouse Mr. Pachin and I went from Joseph's Coffee house in