Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	aaron_n	bell_n	sheriff_n	136	3	11.8926	5	false

Text snippets containing the quad

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

his Papers produced against him he gives an account full of manifest Equivocations and ambiguous Reservations He sufficiently intimates they were his own but implies they were written long ago against a Book of Controversie in Matters of Government Thereupon he goes on openly to justifie those Papers by Positions dangerous enough to the Publick Peace but quite different from what was laid to his charge at his Tryal and was quoted word by word out of those Papers For instead of being a general Discourse for the Peoples Rights against Kings without any particular Applications to Time or Place as in this his last Paper he insinuates them to have been it is apparent to any Man that can but read that those Sheets of his Writing which were given in Evidence struck at the very Root of the English Monarchy and that therein he studied to do his part to bring the Ax very near the Kings Neck once again He farther in that printed Speech most injuriously reviles his Judges affirming with notorious falshood and petulancy That lest the Means of destroying the best Protestants in England should fail the Bench was fill'd with such as had been Blemishes to the Bar. He goes on to make divers the like frivolous and groundless Reflections on the legal and regular Proceedings against him concluding with a Prayer that could be dictated by none but a fierce Republican and a furious Enthusiastical Spirit met together It was in truth a Prayer more proper for their Treasonable Meetings at Mr. Hambden's or the Lord Russel's than to be used as the last words of a Gentleman dying in the profession of his Innocency For after having fondly declar'd That he fell a Sacrifice to Idols he thus addresses his Speech to the great God of Heaven Bless thy People and save them Defend thy own Cause Defend those that defend it Stir up such as are faint Direct those that are willing Confirm those that waver Give Wisdom and Integrity unto all Grant that I may dye glorifying thee for all thy Mercies and that at the last thou hast permitted me to be singled out as a Witness of thy Truth and even by the Confession of my Opposers for that Old Cause in which I was from my Youth engaged and for which thou hast often wonderfully declar'd thy self He makes it his last Glory That he was engag'd in that Old Cause from his Youth and he was so Being yet very young he took up Rebellious Arms against his Majesties Blessed Father and merited so well of that Old Cause that he was thought rightly qualify'd to be Named though he did not actually sit amongst the black Number of the Regicides Upon His Majesties most happy Return his fixt aversion to the restor'd Government was such that he would not personally accept of the Oblivion and Indemnity then generally granted to the whole Nation But he voluntarily banish'd himself for many Years till about the Year 1677 he came into England again and by His Majesties special Grace obtain'd a particular Pardon upon repeated promises of constant quiet and Obedience for the time to come Which how he made good the World may Judge In fine he fell a memorable warning and fatal Example to all the English Nobility and Gentry of this and all future Ages that they should take heed of being so far infatuated with the fancie and Chimerical Felicities of Ancient or Modern Commonwealths as to despise and attempt the ruine of the far more solid Liberty and Happiness to be injoy'd under the English Monarchy On the 28th Day of November 1683 Mr. John Hambden Junior having also sued out his Habeas Corpus was arraign'd for High Misdemeanor and brought to his Tryal the 6th of February following In this Tryal the Lord Howard positively deposed to the same sense as before touching the general Transactions of the Conspiracy till the Earl of Shaftsbury's Death and particularly afterwards of the Meeting of the Council of Six at Mr. Hambden's own House where Mr. Hambden made an Introductory Speech to open the Assembly and the subject of their Debates was concerning the Time Place Men Arms and Mony to be provided towards a Rising and also that then the sending a Messenger into Scotland was proposed and referred to be debated the next Meeting Farther That Mr. Hambden was present at that next Meeting at the Lord Russel's House and amongst the rest deliberated of sending the Messenger into Scotland when Aaron Smith was named and approved to be the Man But the substance of the Lord Howard's Evidence having been before sufficiently set down it will be needless now to follow exactly every Circumstance of it It is enough only to note That most of the same Objections being again repeated by the Defendents Council had the same or like Answers return'd them by the King 's There was indeed one new and very material thing then first particularly and unquestionably made out in this Tryal which was the certainty of Aaron Smith's carrying the Treasonable Message into Scotland This was now demonstrably proved by Sheriff and Bell both Inhabitants of Newcastle Sheriff being the Man at whose House Smith lay in his passage to and fro and Bell the very Guide that went thence to conduct him into Scotland Touching this Matter First Attherbury one of the Kings Messengers testified That Sheriff and Bell had a full view of Aaron Smith who was brought for that purpose from the Kings-Bench before the King That Sheriff and Bell did then own Aaron Smith to be the Man who had pass'd under the Name of Clerk That Sheriff declar'd the said Clerk lay at his House and Bell said that he travell'd towards Scotland with him being hired to shew him the way That to all this Aaron Smith would not answer one word Then Sheriff himself deposed That he keeping the Black-Spread-Eagle in Newcastle Aaron Smith came to his House about the middle of February 1683 That he staid there one Night went away and return'd again in twelve days or thereabout That he travell'd from his House Northward towards Scotland but first desir'd one might be got to shew him the way That to that purpose the Deponent sent for Bell whom Smith presently hired to go with him That when Smith came back he lay another Night at his House and so return'd into the South towards London That Smith went all the while by the Name of Clerk That the Deponent directed him to a Gentleman at Jadburgh which is Forty Miles from Newcastle and within Six Miles of Scotland Then Bell swore That Aaron Smith was the very Man who went by the Name of Clerk That the Deponent living at Newcastle and getting his Livelihood by letting out Horses and guiding of Travellers Sheriff sent for him told him the said Clerk wanted a Guide into Scotland That this happen'd on the Thursday before Shrove Tuesday That the next Morning being Friday he conduced Smith towards Jadburgh that on the Saturday the Deponents Horse was tyr'd so Smith

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

of the Messenger who was gone about a Month before they heard any thing of him though the Letter he carried could have done no great hurt had it been taken because it was written in a kind of a Cant under the disguise of a Plantation in Carolina That all this Debate at the Lord Russel's went without contradiction all there present giving their consent That as for raising Mony every one was put to think of such a way that Mony might be collected without Administring Jealousie That after this the Deponent met no more with them but when he return'd out of the Country he was inform'd Aaron Smith was come back and that Sir John Cockran Was also come to Town Then Attherbury the Kings Messenger deposed That the foresaid Cambel and his Son were taken in London making their escape out of a Window in a Woodmongers House four Days after they had been in Town during which space they confess'd they had chang'd their Lodgings three Times and that they and Mr. Baillie of Jerviswood came to Town together Against this Evidence the Lord Russel's defence besides some Objections in point of Law wherein he was over-ruled by the Opinion of all the Judges there present was to this purpose That the two times they met was upon no form'd Design only to talk of News and of things in general That the Lord Howard having a voluble Tongue they delighted to hear him discourse That he knew of no such Council of Six chosen for who should chuse them That the Witnesses against him swore to save their own Lives and therefore could not be credible That Romzey was notoriously known to have been highly obliged by the King and the Duke and it was strange he should be capable of such a Design as to Murder the King that no Body then could wonder if to save his own Life he should endeavour to take away anothers That the time by the 13th of the King was clapsed since the Prosecution was not made in the six Months That a Design of Levying War is no Treason except it appear by some Overt Act That there was but one Meeting at Shepara's House nor was he ever there but once That then he came late staid not above a quarter of an hour tasting Sherry with Shepard and that there ought to be two Witnesses to one and the same thing at the same time Then he produced Witnesses to prove that the Lord Howard before he was taken declar'd He believ'd the Lord Russel innocent and knew nothing against him The rest of his Justification consisted of the Testimony of several Persons concerning the Virtue and Sobriety of his former Life As to what concern'd the Lord Howard's saying He believed the Lord Russel not to be guilty it was answer'd by the Lord Howard himself That he confess'd he had said so being then himself not accused so that he intended to out-face the thing both for himself and the Party but now his Duty to God the King and his Country requir'd it he must say the Truth and that though the Council of Six were not chosen by any Community yet they did erect themselves by mutual Agreement one with another into that Society The rest was answer'd by the Kings Learned Council at Law That he was not Try'd upon the 13th of the King but upon the 25th of Edward the Third That to Raise a Conspiracy within the Kingdom is what is call'd Levying War by that Statute That to Design to seize on the King or to depose him or to raise the Subjects against him hath been setled by several Resolutions of the Judges to be within that Statute and Evidences of a Design to kill the King That in Cases of Treason it is not necessary there should be two Witnesses to the same individual Fact at the same time but if there he two Witnesses of things tending to the same Fact though at several times and upon several occasions it is sufficient That if there be one Witness of one Act of Treason another of a second another of a third they will be enough to Convicta Man of High Treason That so it was determin'd by the Opinion of all the Judges in England and by the Lords in Parliament in the Lord Stafford's Case It was farther urged That the Witnesses against the Lord Russel were not profligate Persons nor Men who wanted Faith and Credit before that time but such against whom there had been no legal Exceptions made by himself That there was no Contradiction no Correspondence or Contrivance at all between them and that it cannot be imagined such Men should Damn their own Souls to take away the Life of a Gentleman against whom they had no Quarrel As for Romzey's being much obliged to the King and the Duke That it was apparent by many Instances that no such though the greatest Obligations had hinder'd ill Men from Conspiring against His Majesty For was not the Earl of Essex were not divers others of the Conspirators in like manner obliged and advanced in Estate and Honour by the King As to their coming only to Shepard's to taste Wine it was said That could not have been the end of their Meeting Why did they then come so privately Why then did they order none of the Servants to come up It was plain the Design they met on requir'd only such Persons to be present as had an Affection for the Cause It was also urg'd That it is not a good Objection against a Mans being Evidence in High Treason that he himself was engaged in it but that such Men are the most proper Persons to be Evidence none but they being able to detect such Counsels As for the several Divines and Men of Honour and Quality produced to testifie the Virtue and Sobriety of the Lord Russel's Conversation it was answer'd That an Affectation of Popularity has often proved a Snare strong enough to tempt many Men who have otherwise been of great Temperance and Virtue Nor indeed can there be any more dangerous Enemies to a State or Kingdom than such as come sober to endeavour its Destruction Which old and true Observation was signally exemplified in this particular Case of the Lord Russel For West deposed That the Underacters in the Treason most depended on the said Lord for this very reason because they look'd on him as a Man of great Sobriety Upon the whole Process he was found guilty of High Treason But in stead of Drawing Hanging and Quartering the usual and legal Penalty of that Crime the Execution was by His Majesties Clemency chang'd into that of Beheading Though it is well known this very Prerogative of the Kings having it in his Power to alter the Punishment of High Treason had been vehemently disputed by the Party and particularly by the Lord Russel himself in the Lord Stafford's Case The said Lord Russel at the time of his Death which was the 21st of that Month deliver'd a Paper to the Sheriffs and left other