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A61188 A true account and declaration of the horrid conspiracy against the late King, his present Majesty, and the government as it was order'd to be published by His late Majesty. Sprat, Thomas, 1635-1713.; Oliver, John, 1616-1701, engraver.; England and Wales. Sovereign (1685-1688 : James II) 1685 (1685) Wing S5068AA; ESTC R221757 86,115 235

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left him taking another Guide appointing him to come after as fast as he could to Jadburgh That the Deponent overtook him there on Sunday and on Monday Morning saw him take Horse with another Guide for Scotland saying he was going towards Douglas That Bell presently went back to Newcastle where he saw Smith and discours'd with him upon his return out of Scotland Then it was also proved by Sir Andrew Foster and Attherbury That the Scotch-Men sent for by Smith's 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. Hambden's and the Lord Russel's about sending a Messenger the Truth of Colonel Sydney's 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 subjoyn'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 Misdemeanor and thereupon fined 40000 l. to the King and order'd to give Sureties for his Good Behaviour 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 Attorney 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 satisfy the Law Moreover the Kings Attorney acquainted the Court That the Prisoner at the Bar deserv'd no fort 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 New-market 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 Attorny 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 Attorney 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 failing 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 to 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 falsehood considering that Colonel
being thus calmly pass'd and the New Sheriffs having taken a peaceable Possession of that Power whose influence on the whole Nation the said Earl of Shaftsbury well understood no Man better Then he began on a sudden to have a quicker and sharper sense of the urgent State of their common Affairs especially of his own Imminent Peril and to accuse the rest of the Confederates of backwardness if not of Treachery in the Publick 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 Wood-street 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 lie 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 himstelf 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 disciplin'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 joyntly 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 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
then it would be convenient to surprize Berwick Stirling and some other strong places That some Persons should be employ'd to inquire what Arms were in the Country That it was resolv'd every one should speak to and prepare such particular Persons as they could trust not at first in plain terms but indirectly and upon supposition of a Rising in England That there was a Word and Sign to be used among them the Sign was by loosing a Button on the Breast the word was Harmony That it was agreed among them all that the best time for Argyle to Land was when there should be a Stir in England Stir being the word which these Scotch Traytors and the Lord Russel used to express what in plain English is call'd open Rebellion In the like manner Commissary Alexander Monroe depos'd upon Oath That the Earl of Tarras did propose to him that Mr. Baillie might be made one of the Commissioners for the Affair of Carolina That he did go along with Mr. Baillie to London and heard him by the way regretting the hazard their Laws Liberties and the Protestant Religion were in That Mr. Baillie spoke to the Deponent more than once at London for getting Mony 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 Mony 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 is 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 Mony 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