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A43957 The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness. Turner, John, b. 1649 or 50. 1684 (1684) Wing H2190B; Wing T3309_CANCELLED; ESTC R41849 81,748 75

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but that it must be the Jury Thereupon the Attorney General demanding Judgment the Recorder pass'd Sente●ce according to the Law Walcot had nothing to say But that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse pretended there was a vast difference between the Indictment which was for Words and Discourses that pass'd the 2d of March and that the Oaths Sworn were that the words were not spoken then but the last of June but had nothing more to say Thereupon Judgment was given against all three as against the Lord Russel Upon the same day that the Lord Russel was tryed the Earl The Earl of Essex kills himself in the Tower of Essex killed himself in the Tower The next day the Coroner sat upon him and the Verdict of the Coron●rs Jury was That Arthur Earl of Essex did give himself a Mortal Wound with a Razor by cutting his Throat from the one Jugular to the other and through the Windpipe and Gullet to the very Vertebras of his Neck and that he did Feloniously and Voluntarily Murther himself Upon Fryday the 20th of July Walcot was drawn to Tyburn Walcot Hone and Rouse carryed to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart at what time the Dean of Rippon Dr. Cartwright and the Ordinary of N●wgate undertaking to perform the last Office of Ministers to Persons in their Conditions admonish'd them to make an ingenious Discovery of what they knew touching the Conspiracy and Treasons for which they were then to suffer Walcot replied he had some Papers in his Pocket of what he had prepared to say in Writing and there desired they might be pulled out and he would read them Then looking upon his Paper he read a long Harangue wherein Walcot reads his Speech he first gave an accompt of his Faith and Religion his hope of Salvation by the Merits of Christ and his belief of the Scriptures to be the Rule of Faith and Method of Worshipping God As to the occasion of his Death he confessed himself to be so He Confesses himself guilty of being at several Meetings unfortunate and as unhappy to be invited by Collonel Rumsey to some Meetings where some things were discoursed of in order to the asserting the Liberties and Properties of the Subject and that while he lay ill of the Gout Mr. West came frequently to visit him and that his discourse was still of Lopping the Sparks That tho he had deserved to dye by the Law and that the King might justly put him to death for being in those Meetings where And that he had deserved Death by the Law a War was Debated yet he thought those men were Guilty of his Blood that were as deep as he and had betrayed him and taken his Life away He desired his Friends to be wary how they heard any Man speak or spoke themselves for there was no such thing as Faith in Man to Man He forgave all the World especially Mr Shepheard who as He said promised to carry him into Holland but instead of that brought him into the Condition wherein he then was He averred in the presence of God that he knew of no English He knew no Protestant in Ireland guilty of any Plot. Man or Protestant in Ireland that was engaged in the Conspiracy He said he could not excuse the Witnesses for aggravating things against him and making them worse then really they were To which when the Doctor was about to Reply Pray Sir give me leave said he for a Man to Invite a Man to a Meeting to Importune a Man to a Meeting to be perpetually Solliciting him and then to deliver him up to be hang'd as they had done Him He confessed he was present at many Meetings but that there were several Meetings wherein the Business of the Kings Life was never spoke of for he said they were for asserting the Liberties and Properties of the People And being press'd to explain that he said they were under general Apprehensions and so were the Lords that were likely to suffer of Popery and Slaveries coming in Upon the whole being told by the Dr. that he had confess'd himself Guilty enough to take away his Life He reply'd That he was so And being farther told that to say he could not forgive the Witnesses he at length said he did forgive them and pray'd God to forgive them Nevertheless soon after his Execution there was a Paper Printed A Paper printed in his Name after his Execution reflecting upon the Evidence which was said to be Written by Captain Walcot in Newgate and delivered to his Son before his Execution little differing from his Speech at the Gallows wherein he seem'd to complain of the Evidence and endeavour'd to deny his undertaking to charge the Guards while others did the business But in Answer to this Mr. West published another Paper maintaining and asserting Answer'd by Mr. VVest to publick satisfaction the Truth of his Testimony particularly as to his intention to charge the Guards declaring He had omitted an Expression of the Captains upon that Subject which he let slip in the multitude of particulars he delivered at the Tryal That he should say He look'd upon the Action to be so lawful and justifiable that he could Dye in it with a safe Conscience And that whereas he tax'd the Witnesses for Swearing him out of his Life to save their own it appear'd by his Letter to the S●cretary that he would gladly have sav'd his own so and desired to have made the Duke of Monmouth and other Pers●ns of Quali●ies Blood to use his own Phrase the price of his own Life Observing very well at last that he did not think fit to express in his Paper any S●nse of his Guilt or Repentance for it but rather seem'd to retain his Old Opinion of its being a Lawful thing That he only blam'd his own Credulity and advis'd his Friends only against trusting Men not against his Crime As for Hone he acknowledged himself Guilty of the Crime according Hone acknowledges himself guilty to the Law of the Land and the Law of God Rouse made a long Speech not much to the purpose as being only a Repetition of what was done in Court However at length Rouse acknowledges himself guilty he acknowledged himself Guilty of concelaing and maintaining Trayterous Correspondency and that it was just in God in the first place and righteous and just with the King in the second place that he Dyed The next day being Saturday the Lord Russel having taken leave The Lord Russel carryed to a Scaffold erected in Lincolns-Inn-Fields of his Lady the Lord Cavendish and several others of his Friends at N●wgate took Coach with Dr. T●ll●tson and Dr. Burnet who accompanyed him to the Scaffold Built in Lincolns-Inn-Fields whether being come after a short pause he told the Sheriff
Discourse with his Mate such a one but that his Mate Lee was an Honest Fellow and said That he would undertake once in twenty times to dismount the five pi●ces that fac'd towards Southwark-side to which end as he told the Witness he would bring his own Ship and lay it on Southwark sid● and make up the 14 Guns he had already 24. That he ask'd Mr. Goodenough What Money was provided who Answering 4000 l. He Answered The Seamen would swallow that up presently To which Goodenough Reply'd There was more provided at any time Mate Lee Swore That as he Rode with the Captain in a Coach the Prisoner should say One of these Days we shall have a Ball to Mate Lee Sworn toss which he afterwards understood by Rouse and Lee was the Ball that was to be toss'd upon Black-Heath That the Prisoner and he one time walking about the Tower and Discoursing of seizing it his way was to scale it but that the Captain said The best way was to shoot Morter-Pieces upon Southwark-side but deny'd he could say any thing about the Ship To this the Captain in his own Defence made Answer That all his busin●ss with Mr. Rouse was to procure him a sum of Money as being a Brok●r and that his attending upon him for that purpose brought him sometimes into Goodenough's Company wherein he was frequently at one Tavern or other but that if ever he Disc●urs'd with Goodenough about any Publick Affairs or any thing t●nding to the Publick Disturbance he was no Ch●istian That as to the seizing of the Tower it was only accidental Discourse to the Water-men that Row'd him from his Ship by the Tower to whom he was saving That the place was not well fortify'd and that if any Occasion should happen that part next the Water was in more peril then any place of the T●wer And that upon farther Discourse and a Supposition that the French should take that then the Pris●ner said it was but going over-against the other side and flinging half a dozen Bambo's to them and setting them out again That for his having 200 Men it was impossible for his Vess●l was but a Pink that would not hold a 100 Men Women That his Vessel wa● but a Pink that would no● hold a 100 Men. and Children And for the Arms he bought he bought them with the Ship for his Def●nce at Sea four Blund●rbusses two Jav●lins and some few ball-Pikes That as to any bank of Money he never Discours'd it and that as to the Ball he knew no more to that very day then one who had n●ver seen a Ball. He added farther That when they fix'd the time that he was to lay his Ship against the Tower it was not in his Possession to bring thither as not having had her above three weeks to the very time of his Tryal Then M●te Lee was ask'd on the Prisoner's behalf Whether The Witness denies he knew of any Provision mad● to seize the Tower there were any Projections or Provisions made for seizing the Tower To which he Answered There was nothing of Men or Guns that he knew or heard of Being ask'd whether he had any Order from any other Persons to Discourse Captain Blague in Order to this Attempt He Answered No for that Captain Blague Mr. Rouse and Mr. L●igh were commonly together Then the Jury desir'd the Witness might be ask'd Whether the Captain knew he went to view the Tower To which the Witness Answer'd He could not be positive in that They told him they had vievv'd the Tower but he did not remember vvhat Obs●rvations the Captain made upon it The Ju●y desir'd to knovv farther Whether the Prisoner heard any thing of tossing the Ball to vvhich Mr. Lee reply'd That Mr. Rouse told him the Captain vvas acquainted vvith it but that he never Discours'd vvith the Priso●er about it himself The Prisoner then calling his Witnesses one Chappel a Carpenter Declar'd That the Vessel vvas not able to do any Service upon the Water three Weeks ago and that he had been Ship'd four Months and a half to go for New-York Wright declar'd That he had waited on the Cap●ain ever since he had been Ship'd and was in his pay before he had the Ship in his Poss●ssion The Surgeon declar'd That he had belong'd to the Ship seven The Prisoner's Witness●s declare the time how long they had belong'd to the Captain Weeks and to the Captain before he had a Ship Being ask'd by the Jury How many Guns belong'd to the Ship He Answer'd Fourteen Sahers of which four were wooden ones six above Deck and four in the Hold. The Prisoner having thus made his Defe●ce the Lord Chief Justice sum'd up the Evidence to the Ju●y who withdrawing to consider of their Verdict in a short time return'd and brought the Prisoner in Not Guilty The next day being the 14th of July the several Prisoners found Guilty of High-Treason were brought to receive Judgment And first the Lord Russel being set to the Bar and ask'd why The Lord Russel desires the Indictment may be read Senten●e of D●a●h should n●t pass against him according to the Law desir'd to hear his Indictment read in English the which being gran●ed the Clark of the Crown read on till he came to the Words of Conspiring the Death of th● King at what time the Lord Russel desiring him to hold told the Recorder That he thought he had not been Charg'd with Compassing and Conspiring the Death of the King To which the Attorny General reply'd Yes Upon which his Lordship appeal'd to the Recorder and the Court whether if all that the Witnesses had Sworn against him were true whether he were Guilty within the Statute of the 25th of Edward the 3d. they having Sworn a Conspiracy only to Levy War but no intention of Killing the King and therefore he thought Judgment was not to pass for Conspiring the Death of the King To this the Attorney General Answer'd That it was no exception Then the Recorder told him That it was an exception proper and he thought he did make it before the V●rdict whether the But his Objections are held Insufficient Evid●nce do amount to prove the Charge which is proper for the Jury to observe for if the Evidence come short of the Indictment they cannot find the Verdict But when the Jury has found it their Verdict passes for Truth and the Court is bound to go by what the Jury have found not the Evidence To which his Lordship put the Question Whether without any He moves an Arrest of Judgment Proof But it was Answer'd The Jury must be Govern'd by their Evidence His Lordship reply'd It was hard he must be Condemn'd upon a Point that there was nothing of it Sworn therefore he thought that he might legally demand an Arrest of Judgment To which the Recorder Answer'd That he hop'd his Lordship would consider it was not the Court could give a V●rdict