Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	esq_n	lord_n	rouse_v	33	3	19.5011	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

make you in the least encline to find an Innocent Man Guilty I call Heaven and Earth to Witness that I never had in my Life a Design against the Kings Life I am in your Hands so God direct you The Lord Russel having thus concluded his Defence the Kings Counsel proceeded to Sum up the Evidence after which the Lord Chief Justice delivered his Charge to the Jury and so the Court adjourned till four a Clock in the Afternoon at what time the Court being met again the Jury returned and brought in the Lord Russel Guilty of the High Treason laid to his Charge THE Charge and Defence OF John Rouse UPON Fryday in the Afternoon being the 13th John Rouse brought to his Tryal of July John Rouse who had been Arraigned and Pleaded not Guilty was again brought to the Bar. His Charge was for Conspiring the Death of the King and declaring it by Overt Acts that is endeavouring to raise Men to sieze the Tower and to make an Insurrection and Rebellion within the Kingdom Before the Jury was sworn he mov'd the Court for longer time alledging that he had had no longer notice of his Tryal then since Monday Morning and that he had had no advantage of his Notice for though notice was then given him he had no Liberty of sending for any body till Wednesday and that about eight or nine a Clock on Wednesday Night one came and told him that he should have no Liberty of Counsel unless he had it from the Court so that he had not been able to get his Witnesses ready That he desired nothing but as an English-man to which the Court replied that as an English-man he could demand no time to prepare for Tryal for they that will commit Crimes must be ready to answer for them and defend themselves That 't was matter of Fact he was charged with and therefore he could not but know long ago what he was to be tryed for for he was taken up and charged with High Treason that he might then have reasonably considered what Evidence would be against him That if he were an Innocent Person he might defend himself without Question That if he had done an ill thing the Law did not design to shelter him under any Subterfuge as to prepare Witnesses to testifie an untruth for him Here the Kings Serjeant signifyed that in regard Capt. Blague Capt. Blague to be tryed seperately from Rouse did desire not to be joyned with the other that the Kings Counsel were content that Rouse should be tryed first Thereupon after several Challenges the Jury sworn were Robert Benningfield John Pelling William Winbury Theophilus Man John Short Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kemp Ed. Raddish Ed. Kemp. The Indictment being opened by the Kings Counsel Thomas Leigh was sworn But before he could speak the Prisoner excepted against him wondring with what Confidence he could He Objects against the Evidence look him in the Face at that time The Prisoner objected against him that he was a person who was sworn against by two Persons to have a hand in the Plot and that being taken up and Conscious to himself that he was Guilty of such notorious Crimes and knowing he was pretty well acquainted with him he was afraid the Prisoner would swear against him and therefore he took the boldness to swear against him first But this was not allowed to be any Objection so that the Witness being ordered to proceed delivered his Evidence That he had been concerned in the Conspiracy and knew something of it but that he believed the Prisoner knew a great deal more That Mr. Rouse took him to the Kings-head Tavern in Swithings Alley whither after some time Mr. Goodenough came there being then a Club of Men that were of the Conspiracy That he had seen Goodenough before who had acquainted him that there was apprehension of the Rights and Liberties of the People being invaded and that it was time for them to look to themselves for Popery and Arbitrary Power were designed and therefore desired to know whither he would engage in that Affair to prevent it withal he told him the City of London and Middlesex was divided into Twenty parts That he told him his Acquaintance did not lye where he liv'd but he would get a Party where his Acquaintance lay That he acquainted Rouse and Goodenough what men he had spoke to That Mr. Goodenough told him 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 it that they were to tell some People there was like to be a Forraign Invasion and ask them what readiness they were in and if they were found to be Compliant in that then they might discourse with them about the other matter That he discoursed with several men about the Affairs That Goodenough told him that Sir John Moor was to be kill'd and the Aldermen and their Houses plundered and that there Sir Joh● Moor and several Aldermen to be kill'd would be riches enough which would serve to maintain the Army That then he acquainted Mr. Rouse with this business but that he knew of it before and told him he could raise Arms for a hundred Men but said nothing was to be done unless the K●ng were seized upon saying we might remember since 41. that the King went and set up his Standard therefore said He we will sieze them that they may not set up their Standard but withal he said he was for siezing them but not for shedding of Blood That Mr. Rouse acquainted him it was a very convenient thing to have a Ball played upon Black Heath and to that end that some Sea Captains should be spoken with and said He would engage ten A Ball to be played ●●on Black-H 〈…〉 who should manage that Affair and he that won the Ball should The T 〈…〉 to be siez take it But that when they had so done that every Captain ●hould take his Party and tell them they had other work and ●●en go with long-Boats and Arms and seize the Tower That he acquainted Goodenough with this who ask'd him the Charge of a Golden Ball which Mr. Rouse had told him would be ten or a dozen Pound to which Goodenough reply'd That if it were forty Pound he would be at the Charge of it all That Rouse had spoke several such Discourses to several Men at the Kings-head Tavern in his hearing That he heard he was Sworn against at the Kings-head in the Company of Rouse and Goodenough and that Rouse told him he should lye at his House That Rouse cut off his Hair and went to Mr. Batemans and fetch'd him Rouse Disguises the witness a Periwigg That Rouse and he went several times to view the Tower and took Mate Lee along with them That some time before that they had appointed to meet at Waping to speak with

the Council of six the Select Council Selected by no Body to pursue the Design of the Earl of Shaftsbury Then what was it to do This was nothing by the Testimony of the Witness were he Credible he said but a few Men talking at large what might or what might not be what was like to fall out without any manner of Intention or doing any thing That they did not so much as enquire whether there were Men Arms or Ammunition That it was a War to be made by five or six Men not knowing one another nor trusting one another for which he instanc'd Dr. Cox ' Evidence at the Lord Russels Tryal Something more he said to the same purpose but concluded as to this Point that the Court was not to make any Constructive Treasons but to go according to plain proof Constructive Treaons belonging only to the Parliament as by the immediate Proviso in the Act and by several other Acts of Parliament appear'd And therefore he thought it impossible for the Jury to find the Matter for that the first Point was only prov'd by the Lord Howard who as he thought was no Body and the last concerning the Papers was only imaginary from the similitude of Hands The Prisoner having thus made his Defence the Solicitor General summ'd up the Evidence and answered all the Prisoners Objections with that Learning and Eloquence that nothing could be more convincing When he had done the Prisoner offer'd again to have spoken to the Court but it was told him that after the Kings Council had concluded the Prisoner was never admitted to say any thing more And then the Lord Chief Justice told the Jury in particular That what the Prisoner had said that was not prov'd and what the Kings Council had said of which there was no proof to make it out was not to be taken into any Consideration Then the Solicitor General desir'd one word more as well for The Solicitor Generals request to the Court in his own and Prisoners behalf his own as the Prisoners Sake That if he had said any thing that was not Law or misrepeated or misapply'd the Evidence that had been given he made it his Request to the Court to rectify those Mistakes as well in Point of Fact as in Point of Law This done the Lord Chief Justice deliver'd his Charge to the The Lord Chief Justice delivers his Charge to the Jury Jury which was so full and so clear that after he had concluded the Jury withdrawing stay'd no longer then about half an Hour in Consultation and then returning brought the Prisoner in Guilty Upon Monday November the 26th Colonel Sidney was again He is brought to receive Judgment brought up to the Bar of the Kings-Bench to receive his Sentence and being ask'd the usual Question He Pleaded first That he conceiv'd he had had no Tryal for that he was to be Tryed by his Country but he did not find his Country in the Jury that Try'd him in regard there were some of them that were not Freeholders and therefore if he had had no Tryal there could be no Judgment To which the Court reply'd That it had been the Opinion of all the Judges of England in the Case last proceeding his that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge at Common Law He then desir'd a Day and Council to argue it but it was told him It was not in the Power of the Court to do it He then desir'd the Indictment might be read again which being done he urg'd that it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law But the Court did not think it a material Objection He urg'd there was no Treason in the Papers and nothing prov'd of them to which it was answered That there was not a Line but what was Treason Next he desired that the Duke of Monmouth might be sent for and offer'd to acknowledge what ever they pleas'd if he would say there was any such thing as a Design or knew any thing of it But it was told him that was over since he had been Try'd for the Fact Upon which he put forth these words If you will He gives Offence to the Court. call it a Tryal which was ill-resented by the Court as if he went about to Arraign the Justice of the Nation Then he complain'd that the Jury were not summon'd by the Baliff but were agreed upon by the under Sheriff and others and ask'd whether that were a good Jury to which the Court made Answer That they could take notice of nothing but what was upon the Record and it appear'd that the Sheriff had made his return What he alleadg'd more was nothing but what he had urg'd The Court pronounces Judgment in his Defence upon the Point of Constructive Treason So that the Court proceeded to Judgment which was given accordingly Which Sentence being afterwards mitigated by His Majesties Grace and Favour he was upon the Day of carryed from the Tower of London to the publick Scaffold upon Col. Sidney beheaded Tower-Hill Where after a very short Preparation with little or no Ceremony he lay'd himself down and had his Head struck from his Body by the common Executioner Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech in which he was so fa● from Repenting for the Crime which he suffer'd that he rather justify'd himself by complaining of the rigour of his Tryal and broaching those very Opinions to the subversion of Monarchy which were the Subject of those Treasonable Papers for which he was in part Condemned But the Speech has been Printed and therefore there needs no Repetition of a Matter so scandalous On the other side the Lord Brandon Mr. Booth Major Wildman The Lord Brandon Mr. Trenchard and several others discharged Mr. Charleton and Mr. Trenchard and some others that were Bail'd the last Term were then fully Discharg'd THE Charge and Defence OF John Hambden Esq THE 6th of February 1683. Term. Sancti Hillar John Hambden was Tryed before the Lord Chief Justice Jefferies upon an Indictment of High Misdemeanour for contriving and practising to disturb the Kings Peace and stirring up Sedition in the Kingdom The stress of the Evidence against the Prisoner was upon the The Lord Howards Evidence The first Meeting Lord Howards single Testimony who Swore That about the middle of Janua●y in the Year 1682 3. The Council of Six of which Mr. Hambden was one met at the Prisoners House where they received from his own Lips a general hint and intimation of the ends of their Meeting which were to consult and advise one with another how to put things into a better Method and posture than formerly That the Questions were started severally while one spoke of the time when it should be

the Sea Captains That in Order to this business the Prisoner met the first day at the Amsterdam-Coffee-house and as he told the Witness met with two Sea Captains that were to Officiate in the busin●ss whom he carryed to the Angel and Crown That within an Hour and Half Rouse came to the Witness and told him he had spoken with the Sea Captains who were willing but that one was going to New Jersey and therefore the work must be done before he went That another time he appointed Mate Lee to meet at the Anchor in Wapping That the Prisoner always undertook to get ten Sea Captains and to provide Arms for a Hundred Men. That after he was Sworn against Mr. Nelthorp and Goodenough came to him at Rouse's House and bid him not be Discouraged but let the business go on and that when-ever he was taken into Custody he should deny All and it could not take away his Life Being ask'd about what time this was He Answered In June last That they never agreed upon any Method for Killing the King but they told him they had a Thousand Horse ready in the Country and Five Hundred in the City and that the King should be Kill'd coming from Windsor That they were contriving to send Arms by Night to some private place where they were to Arm themselves in the Night That some brisk men were to be sent to Windsor to know when the King came and to give Information that he might be set upon in some convenient place and that both the King and the Duke were to be taken off together That Mr. Rouse should say Take them off for th●n no Man can have a Commission to Fight for th●m The King and the Duke to be taken off both together that no body might have a Commission to fight for them The Prisoner being now at Liberty to ask the Witness what Questions he thought convenient demanded of him whether he ever spake to him of any Design against the King and the Government and whether the Witness did not begin with him first To which the Witness Answer'd That the Prisoner was the first Man that ever he heard promise that the King and the Duke might be both secur'd More then that That the Prisoner as a Traveller should say both to him and in Company That the King was Sworn both in France and Spain to bring in Arbitrary Power and that it was no Sin to take him off And farther told him He had it under his own hand The Prisoner ask'd him in what place it was where he b 〈…〉 to speak any thing of this D●sign who made Answer At the Kings-head The Prisoner ask'd who was with them to which the Witness reply'd Goodenough and others The Prisoner ask'd whether he ever put the Witness upon any thing of that Natur● and whither he did not tell him there was a Design to over-turn the Government but he would not shed Blood The Witness Answer'd He could not be positive who discoursed the thing first but that when the business was Discours'd the Prisoner was very zealous to get ten Captains and that the Ball might be play'd and the Tower seiz'd Mate Lee being call'd Swore That the Prisoner had several Lee Sworn times treated with him to get S●amen fitting to make Commanders of Ships and that being ask'd what he would do with those S●ame● and where he would have those Ships He Answered Some of the King's Men of War that lay at Deptford and Woolwich for that the Tower and White-hall was to be secur'd or else they could d● nothing Mr. Thomas Corbin being Sworn depos'd That he took great care to settle a Correspond●nce at Oxford during the S●ssions of Parliament t●ere That being in Compa●y with the Prisoner when he was ask'd what he thought of the Session the Prisoner undertook the Reply and said That he thought it would be a very short Sessions adding farther That those frequent Proroga●ions and Dissolutions of Parliament should not avail him for that what-ever the King had the Parliam●n● gave h●m and they might take it away Upon vvhich one biding him have a care he reply'd The King had forfeited his Crown and had no more right to it then he had Mr. Richarson being Sworn depos'd That when he was first He denies his Name to the Officer seiz'd he deny'd his Name to be Rouse and said his Name was Johnson The Prisoner being call'd to his Defence instead of defending and clearing himself by Opposition of Testimony endeavour'd to retreat the Accusation upon the W●tn●ss alledging That the Witness first Discours'd these Treasons to him which he only list'ned to to pump out the bottom of his D●sign that he might Discover them The Court therefore told him That he did but invert the Witnesses Disc●urse that he had Sworn it against him and he was not in a Capacity to Swear against the Witnesses As to his saying The King had forfeit●d his Crown and had no That he had been try'd for the words before more right to it then any of the Persons he spoke to he urged that it was a thing reviv'd that was out of Doors two Years since besides that they were to be explain'd by the occasion of the Discourse which was upon the Popes Power to depose Kings upon which he had only said That if the Pope had any such Power then the Crown of England was as much his as any other Mans. As to his saying the Parliament might take it away he deny'd He denies he said the Parliament might take away the Kings Crown that ever he utter'd any such words Being told that was not the Crime which was lay'd to his Charge but his Designing and Conspiring to secure the King seize the Tower and cause a Reb●llion within the Kingdom all he had to say was That he declared in the presence of God before whom he stood That it never enter'd into his Heart So that after the Lord Chi●f Justice had in few words sum'd up the Evidence and He is found Guilty the D●ficiency of the Prisoners D●fence the Jury brought him in Guilty without stirring from the Bar. THE Charge and Defence OF Cpt. William Blague WHO being set to the Bar next after Rouse Cpt. Blague Tryed upon the same Fryd●y July the 13th was Charg'd with Compassi●g the Death of the King and Conspiring with one Rous● and several others to seize the Tow●r and to provide A●ms in order to a Rebellion The Prisoner made no Chall●nges and so the same Jury that had He makes no Challenges pass'd upon Rouse was again Sworn upon him The first Witn●ss call'd was Leigh who Swore That the Prisoner in Discourse with himself and Goodenough at the Kings-head Taven near Chancery-Lane how to seize the To●er he told them that the only way was to do it with Morter-Pieces that he would venture his own Ship and provide two Hundred Men. That he caution'd the Witness not to