That the Scotch-Men sent for by Smiths Message did come and staid in Town till upon the Discovery of the Plot they were either taken or absconded By this plain Evidence of the several Stages of Smith's Journy that Treasonable intercourse with Scotland was made out beyond all possibility of Confutation So that from the very time of the Consultations at Mr. Hambdens and the Lord Russel's about sending a Messenger the Truth of Colonel Sydneys undertaking to send one of his naming Aaron Smith for the Messenger of Smith's going to Scotland of the Scotch Mens coming up that were sent for and of their being surprized endeavouring to hide themselves upon the first breaking forth of the Plot all this appears to be indisputably confirm'd and trac'd step by step almost from Day to Day especially if these Newcastle Mens Depositions shall be compar'd with the Testimony that is subjoin'd of two Scotch-Men Thomas Steil and Oliver concerning Aaron Smith's actual arrival in Scotland and what he did whilst he was there at that time The issue was Mr. Hambden was immediately found Guilty of the High Trespass and Misdeameanor and thereupon fined 40000 l. to the King and order'd to give Sureties for his Good Behavior during Life A Punishment that cannot but be esteem'd very moderate considering the Nature of his Crime which nothing but the want of another positive Witness could have made less than High Treason And the King cannot but here take this occasion once for all to give the World Notice of this Infallible Instance of his mild and merciful Proceedings towards the Conspirators For his Majesty does solemnly declare That if he had not granted the Duke of Monmouth's Request That he would not make him a Witness neither Mr. Hambden nor scarce any one Man of all those that were freed upon Bail had escaped Death Not to mention divers others whom the said Duke of Monmouth named as Parties in the Conspiracy that were never yet question'd On the 14th of June 1684. Sir Thomas Armstrong having been taken in Holland was brought to the Kings-Bench-Bar upon an Outlawry against him for High Treason Whereupon the Kings Atturney demanded An Award of Execution Since upon his not appearing when formerly Indicted of High Treason he was now by the course of Law attainted for the same Armstrong being ask'd What he could say for himself alledg'd He was beyond Sea at the time of the Outlawry and beg'd he might be Try'd It was answer'd That after a Record of Outlawry the Judges had nothing to do but to appoint Execution Against this Armstrong urg'd That by the Statute of the 6th of Edward the Sixth the Person Outlaw'd had a Years time to Reverse the Outlawry if he were beyond Sea The Bench reply'd That by the plain words of that Statute none could have the benefit of it but such as within one Year should yield themselves to the Chief Justice of England and offer to Traverse the Indictment upon which the Outlawry was Pronounc'd To this Armstrong pleaded That the Year not being yet out he did now render himself to the Chief Justice But that Plea not being admitted because he did not yield himself according to the sense of the Act but was brought a Prisoner and so could have no Advantage of the Proviso in the Statute Armstrong alledg'd That the same Favour had been lately granted to another meaning Holloway who though he was in the same Condition of Outlawry yet was offer'd to take his Tryal if he pleas'd It was answer'd That was done out of the meer Grace and Favour of the King who if his Majesty thought good might extend the like Favour to him also But that was not the business of a Court of Justice they were only to take care to satisfie the Law Moreover the Kings Atturney acquainted the Court That the Prisoner at the Bar deserv'd no sort of Indulgence or Mercy from the King not only for that when he was seiz'd beyond Sea Letters of fresh Communication with Foreign Ministers and other People were taken about him but also because it appear'd to his Majesty by full Evidence positively given That after the Disappointment of the Meeting at the Rye by Gods Providence in the Fire at Newmarket Armstrong was one of the Persons that actually engag'd to go upon the Kings hasty coming to Town and to destroy him by the way as he came Then was he order'd to be Executed June the 20th At the place of Execution he likewise deliver'd the Sheriffs a Paper wherein he continued to Object against the legal Course of the Proceedings upon him complaining That with an unordinary roughness he had been condemn'd and made a President though Holloway being also Outlaw'd had his Tryal offer'd him a little before As to the new Evidence against him which the Kings Atturney mention'd at the Kings-Bench he only answer'd it by a bold and flat denial affirming upon his Death He never had any Design against the Kings Life nor the Life of any Man both which may be easily allow'd to be equally true But to evince the contrary as to the Kings Life it will be sufficient to set down the very words of the Lord Howard's Deposition together with the Testimony of Colonel Romzey which the Kings Atturney had then ready to produce amongst many other old and clear Proofs to convince him of designing the Kings Destruction The Lord Howard having first confess'd some Discourse between the Duke of Monmouth and himself in October of 1683 wherein the said Duke had proposed the falling on the King at Newmarket goes on in these words Upon Reflection I am apt to think that from this time and not before the Design of way-laying the King in his return to London was first meditated And I am the more confirm'd in this Opinion from the Consideration of the Behaviour of the Duke of Monmouth and the Lord Gray who seem'd to be very big of expectation of some great thing to be attempted upon the Day of the Kings coming from Newmarket upon which Day as I have before observ'd Sir Thomas Armstrong was not be found till the Kings Coaches were come into Town And I do verily believe he was to have Headed the Party This very Particular the Lord Howard gave in upon Oath among his first Confessions to his Majesty Nor can any Man think it sufficient to invalidate the Truth of this that Armstrong in his last Paper calls it a base Reflection affirming He could have prov'd it to be a manifest Falshood considering that Colonel Romzey also upon notice of Armstrong's being taken made Oath in these very words Sir Thomas Armstrong did come to me the Sunday-Night after the Fire at Newmarket and told me That he just came from Ferguson and that notwithstanding the King and Duke were to return so soon yet Ferguson did not doubt to have Men ready by that time to do the Business and desired me to go with him to Ferguson's Lodging in his Coach
Public Cause First communicating his Suspicions and Jealousies to the Lord Howard who had been so lately the Companion of his restraint and Gaol-Delivery The Lord Howard was retir'd some Days before into Essex waiting the result of that great Day in the City whence he receiv'd frequent intimations from his Friends of the Faction in a Style obscure but by him well understood and concerted between them That now the business which had been Transacting so long amongst his Correspondents was coming to good Issue and call'd for his speedy presence That occasioned his return on the same Michaelmas-Day and presently after Walcot came to him from the Earl of Shaftsbury with a Message expressing his earnest desire to speak with him in his Concealment at one Watson's in Woodstreet Accordingly the Lord Howard giving him a Visit the substance of the said Earl's first discourse with him was That finding the Due Elections as he call'd them of the City frustrated and the Pseudo-Sheriffs establish'd he could no longer think any honest Man safe and had therefore hid himself there having first made what Preparations were needful for a sudden Rising That many Thousands were ready in the City to Master the Gates and attack Whitehal That they within were to be assisted from the Countries adjacent with 1000 or 1200 Horse under good Officers Only he complained of the Duke of Monmouth's and the other great Mens backwardness who had promised by Rising in other remote Counties at the same time to give a Diversion to the standing Forces The Sum of this the Lord Howard the next day Communicated to the said Duke who also on his part complain'd of the Earl of Shaftsbury's acting of late on a separate Bottom and that his present Fears had blinded his usual Prudence and therefore he required a speedy Meeting with him to re-establish a better Understanding and Union of Counsels between them all for the future This discourse being reported back to the said Earl he replied His People were impatient of longer delays having advanc'd so far that there was no retreat the Design being imparted to so many that it was impossible but it would quickly take Air. Upon this he proceeded to declare his vehement suspicion of the Duke of Monmouth That his Dilatoriness proceeded from some private Correspondence between him and his Majesty That it was to be fear'd the said Duke acted with a prospect very different from theirs only minding the advancement of himself whereas his own Resolutions were that since it was now manifest their Liberties were no more to be secur'd but under a Commonwealth he alone with his Interest would attempt the Deliverance of his Country If the rest of the Lords would concur with him they might share in the Glory else he hoped he should be able to effect the Work without them by the help of an honest brisk Party in the City Upon this Answer the Duke of Monmouth suspecting that before their People could be ready in the Country the Earl of Shaftsbury's unseasonable Anxiety for his own Safety might put him on attempting some rash Action in London which would be easily quell'd by the form'd and disciciplin'd Guards and so the whole Design might be stifled in a moment he did therefore the more earnestly press the Lord Howard to make another essay to procure an Interview The Lord Howard did so and got from the said Earl a promise of meeting the Confederate Lords the next Day in the Evening which yet when the time came he put off with an excuse by Colonel Romzey However some Days after they did meet their Differences were in some measure piec'd up and they began to act jointly again towards a speedy Insurrection To this purpose several Days were proposed One about the latter end of October but it was delay'd a little longer till the concurrence of the the several Counties could be signified up Then that of Queen Elizabeth being Novemb. 17. was named but rejected because all his Majesties Guards were commonly in Arms to watch and suppress the wonted Tumults of the Rabble on that Day At last the Nineteenth of November was fixt on which happening that Year to be on a Sunday whilst some excepted against it for that reason Ferguson with his usual impious Virulency reply'd That the Sanctity of the Day was suitable to the Sanctity of the Work The Day being thus determin'd they all presently fell to prepare as their several parts were allotted Especially the great Managers held Assemblies to receive Accounts how the Counties were dispos'd and to consult upon surprizing the Guards for which end the Duke of Monmouth the Lord Gray and Sir Thomas Armstrong undertook to view the posture of their Quarters and reported back to their Principals That the seizing them was a thing very feasible which very particular the Duke of Monmouth afterwards confess'd in so many words to his Majesty when he rendred himself In the mean time the Earl of Shaftsbury was very uneasie and weary of lurking in Holes where every sound and breath of Air began to frighten him Wherefore with repeated and importunate Messages he press'd the other Lords to keep to their Day expostulating with them upon their former slowness whereby they had lost so many advantageous Opportunities The case being now so much alter'd that he who once presum'd his driving out the King would prove but a leisurely walk to him when the danger drew near himself was become so apprehensive and rash as not to afford his own wicked Counsels leisure enough to come to any tolerable Maturity At length one Day when their great Council about London was assembled at Shepard's House in Abchurch-Lane the said Earl sent Colonel Romzey to quicken their Debates and once for all to learn the result of their final Determinations But they having just before received several Advices out of the West that their Friends there especially in Taunton and Devonshire could not possibly be ready on so short a warning presently sent him back such word concluding it could not be helpt but he and they must be content to respite the time of Execution to a longer day This positive Answer broke all his Measures and made him instantly resolve to leave England Wherefore first he removed his lodging into Wapping Then the very Night that place was Burnt being also the Night of the same 19th Day of November on which he had expected to set the whole Nation in a Flame he privately sculk'd down the River Attended only by the two chief Complices and Witnesses of his Treasons Walcot and Ferguson the latter of them having been forc'd for some time before to abscond too because of a Warrant out against him for Publishing some one or other of his many Treasonable Pamphlets That was the last considerable Effort made by the Earl of Shaftsbury against the King and Kingdom After this nothing more was heard of him but that being got into Holland in a Panick fright he lived obscurely and
a Button on the Breast the word was Harmony That it was agreed among them all that the best time for Argyle to Land was when there should be a Stir in England Stir being the word which these Scotch Traytors and the Lord Russel used to express what in plain English is call'd open Rebellion In the like manner Commissary Alexander Monroe depos'd upon Oath That the Earl of Tarras did propose to him that Mr. Baillie might be made one of the Commissioners for the Affair of Carolina That he did go along with Mr. Baillie to London and heard him by the way regretting the hazard their Laws Liberties and the Protestant Religion were in That Mr. Baillie spoke to the Deponent more than once at London for getting Money from the English to be sent to Argyle to bring home Arms for the said Argyle's use to raise an Insurrection in Scotland That in Baillie's Chamber in London William Veitch a Forefault that is a declared Traytor being present Sir John Cockran did expresly speak of Money to be sent to Argyle for the foresaid purpose That on another occasion he heard some of them say there would be 20000 Men in Scotland ready to assist the Rebellion That Mr. Robert Martin was sent down from that Meeting in Baillie's Chamber to Scotland to try what the Scots would do for their own Safety That it was agreed the People of Scotland should rise when there was a rising in England That the Commission was granted to Martin by all the Persons present who were the Lord Melvil Sir John Cockran the Cessnocks Elder and Younger Mr. William Carstares Mr. William Veitch Jerviswood and the Deponent who did all contribute Money towards his Journey That Martin at his return from Scotland meeting with the Deponent told him Matters were in such a Condition there as a little would kindle the Fire in order to a Rebellion Then also James Murray Laird of Philiphaugh confess'd and deposed upon Oath That in May 1683. upon a Letter from Mr. Pringle of Torwoodlie to invite him to his House he came where he found Mr. Martin lately come from London That upon discourse Martin told them the City was much irritated through some Attempts upon their Privileges but that all honest Men were of good heart and very brisk That Torwoodlie then told the Deponent he expected the Earl of Tarras having sent for him because Martin had a Letter directed to him from Jerviswood Torwoodlie adding That there were great Matters in Agitation at London that Martin was come down with a Commission to their Friends here but he was to Communicate his Instructions only to Polwart and himself who were to pitch on such Persons as they thought fit to intrust with the Affair That he had great confidence in the Deponent and therefore had sent to acquaint him that things were now come to a Crisis That he had reason to think England would shortly be in Arms That it was no Project of an inconsiderable Party but a Design through the Kingdom That many of the finest Men and of greatest Interest and Credit were engaged in it there and had agreed for the advancing Money to furnish Arms here That Polwart would be at Gallowshiels that Night and it would be necessary the Earl of Tarras and the Deponent should confer with him fully on the Business That about this time the Earl of Tarras came who retired a little to discourse with Martin That then Torwoodlie told the Deponent that although Martin would not Commune with them upon his Commission directly yet it would be fit they conferr'd and without taking notice of his Commission discours'd of things as their own private Notions abstracted from any prospect of a present Design That accordingly after Dinner they four retired to a Chamber and after some general talk of the Discontents of both Kingdoms these Suppositions following were discours'd of Martin starting all or most of them If the Country Party in England should have thoughts of going into Arms what could be expected here in such a case Would it not be expedient to have a setled Correspondence between that Party there and here Might it not be so adjusted that both Kingdoms should draw out in one day Might not as many be expected in these Shires and about Edenburgh as would surprize the Rulers and some to joyn with the English on the Borders and seize on Berwick others to attempt Stirling-Castle If Argyle should at the same time Land in the West and raise that Country would not these Measures contribute much to the Advancement and Interest of the Party Incourage all that had an Inclination to them and scare many others from acting against them And so they might have leisure to joyn from all places And then might it not be expected there would be as many in this Kingdom as would be able to deal with the Forces here at least divert them from troubling England These Queries being propos'd it was answered That as to setling a Correspondence it was very convenient for those of a Common Interest but none could be found here fit to manage it that would undertake it That as to trysting that is to say rising at the same time that could not be done without divulging the Design to all Ranks of People which none would consent to except those already in desperate Circumstances and they would not generally have much Influence That the thing was not at all adviseable for Scotland because if those in England especially in London the Spring of their motions should happen to have an Interruption near the time appointed then the Scots not having timely notice might rise alone and so be expos'd as a Prey That Argyle's coming was not much to be relied on by reason of the uncertainty of Sea-Voyages That he might himself be suspected of private Designs that despair might blind his usual prudence and prompt him to indigested Methods so it was expected few of the Gentry but such as were under very hard Circumstances would embarque with him That as to the surprizing their Rulers it was inveigh'd against as an Action not to be thought of amongst Protestants That then Martin told the Company if any had a mind for a suit of Armour he could provide as many as pleas'd of a new Fashion very light and of an easie rate from one who had made a great many lately for honest Men in London That then all the Company except Martin went to Gallowshiels House where they met him and Polwart That after Supper having given and received mutual assurance that they were free to commune with Gallowshiels and he with them touching matters of great Secrecy and Importance they sate close together Polwart beginning the discourse And signifying to them he was credibly inform'd that the Country Party in England would draw into the Fields shortly and as he heard before Lammas That Gallowshiels seem'd visibly surpriz'd at it saying he loved better to be walking in his own
compleat Deduction of the said Earl's part in the design'd Insurrection Immediately after the Cyphers this follows in words at large The Total Sum is 128 Guilders and 8 Stivers that will be paid you by Mr. B. Which last Clause was the Rule whereby Mr. Gray found out and Spence discover'd the Decyphering of the whole Letter and it was accordingly done by each of them apart by making eight Columns and placing 128 words in each Column descending as upon view of the Authentick Printed Copies will appear to any Man beyond all Contradiction In short this Letter of the late Earl of Argyle's was known by many of the Privy Council there to be his Hand and his own Lady upon Oath deposed She knew it to be his though she did not know the Contents of it And such is the Account that is to be given of the said Earl of Argyle's Loyalty which he had desir'd might be the only Standard in what sense he would take the Test. Hitherto he had been by Inheritance Lord High Admiral and Justice General of Argyle Tarbat and the Isles and great Master of the Houshold He was by his Majesty put into Places of great Dignity and Trust he was made extraordinary Lord of the Session one of his Majesties Privy Council and one of the Lords Commissioners of the Treasury And after his Fathers Condemnation for the highest Crimes and his own Forfeiture of his Honour and Estate for Treasonable Expressions in a Letter of his he was restor'd to all his Father possess'd except the Title of Marquiss But notwithstanding all these and many more Obligations of the like nature which he had to his Majesty his fondness of esteem with the Factious People his aversion to Monarchy and hatred of the Royal Family particularly of the Duke of York led him to this height of Ingratitude This and divers other Letters of the like traiterous importance all written with Argyle's own Hand being at one and the same time taken about Major Holmes the Person chiefly intrusted by the said Earl to receive and convey all his Correspondences with England and Scotland it cannot be doubted but very many more Papers of the same dangerous Tenor had been this way interchang'd between him and the English and Scotch Conspirators during the whole progress of the Conspiracy Especially considering that in some of these the Earl of Argyle refers to some Expressions and Propositions which he says he had made in others and there are no such Expressions to be met with in all these Letters that are taken Besides that with the Letters themselves there were also seiz'd about Holmes several Alphabets and a Key of Words whereas of one of the Alphabets there has been as yet no use found in Decyphering and though in the Key there are Eighty new-coyn'd Words yet not above Six of them are made use of in all the parcel of the said Earl's Letters hitherto intercepted However by the Light these Letters gave so well agreeing with several other Intelligences receiv'd from many Hands his Majesties Council of Scotland were abundantly convinc'd that the the Bloody Design had reach'd thither also and therefore immediately order'd the bottom of the Business to be search'd into by a Secret Committee Whereupon Warrants were issued out there to apprehend Walter Earl of Tarras Brother-in-Law to the Duke of Monmouth Sir Patrick Hume Laird of Polwart Pringle Laird of Torwoodlie James Murray Laird of Philiphaugh and Hugh Scot Laird of Gallowshiels all of them being Persons named by Carstares and others as Partakers with Argyle in this Treason as they had been formerly most active with him in endeavouring to disturb the Loyal Proceedings of the Parliament for enacting the Test. Of these the Laird of Polwart and Torwoodlie having been the most busie and so conscious of their greater guilt conceal'd themselves and have hitherto escaped the other three were taken and brought to Edenburg where they freely confess'd upon Oath As did also Commissary Monroe who had been sent thither Prisoner out of England All which Depositions and Confessions they again repeated and confirm'd in the same solemn manner at the Tryal of Mr. William Baillie of Jerviswood The Earl of Tarras without either craving or receiving any security for himself did ingenuously confess That about the time when Sir John Cockran and Commissary Monroe got their Commission from the Carolina Company for London Mr. Baillie desir'd him to speak to Monroe that he might be added to the Commission Telling him that he was resolved to go to London however upon his own charges For that his and their going about the Carolina business was only a Pretence and a Blind but the true design was to push forward the People of England who did nothing but talk to go more effectually about their business That thereupon the said Baillie did settle a correspondence with the Deponent whereby the one was to give an account what past between the Country party in England and the Scotch Men there the other to write back what occurr'd in Scotland That the said Baillie told him the only way to secure the Protestant Religion was for the King to suffer the Parliament to sit and pass the Bill of Exclusion Which the King might be induc'd to do if the Parliament would take sharp and brisk Measures with him That after the said Baillie went to London he did give the Deponent account by Letters how things were in great disorder there but he hoped effectual courses were taking to remedy them That Mr. Robert Martin did come to Mr. Pringles of Torwoodlie in May 1683 and brought the Deponent a Letter from the said Baillie then at London That Martin told the Deponent things in England were in great disorder and like to come to a height but the Country Party were considering of Methods for securing the Protestant Religion That the Scotch-Men at London had ask'd 30000 Pounds but that Argyle was to have 10000 l. which Sum was to be sent by Baillie into Holland to buy Arms and then Argyle was to Land with those Arms in the West-Highlands of Scotland The Earl of Tarras deposed farther That Philiphaugh and he went to Gallowshiels House where they met with Polwart and Gallowshiels That there it was discours'd among them that in case the English should rise in Arms it was necessary so many as could be got on the Borders should be in readiness to deal with Straglers and Seize on Horses and thereafter joyn with those that were in Arms on the Borders of England That then it would be convenient to surprize Berwick Stirling and some other strong places That some Persons should be employ'd to inquire what Arms were in the Country That it was resolv'd every one should speak to and prepare such particular Persons as they could trust not at first in plain terms but indirectly and upon supposition of a Rising in England That there was a Word and Sign to be used among them the sign was by loosing