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A63179 [The tryal of John Hambden for conspiring the death of the king, and raising a rebellion in this kingdom at the Sessions-House in the Old-Bayly, London ... 30th of December, 1685 ...] Hampden, John, 1656?-1696.; England and Wales. Court of King's Bench. 1685 (1685) Wing T2193; ESTC R4697 75,252 56

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say it was L. Howard Yes Mr. Att. Gen. What Resolution did you come to then L. Howard Then we came to a Resolution that some Body should be sent and we began to discourse who was sit and Col. Sidney he propounded Aaron Smith to some of the Company he was known to others not but those that did know him did approve of him as a fit Person Mr. Att. Gen. To whose Province was that comitted of sending this Person into Scotland L. Howard Col. Sidney undertook it himself Mr. Att. Gen. Did the rest consent to it L. Howard Yes no body did oppose it but left it to him L. C. J. Did you Name the Person then that was to go L. Howard He was not so named as to be with any solemnity approved or disproved but it was left to Col. Sidney to manage it and he naming Smith as a fit Person he told us that by the by not to put it to the Question for our Approbation and some of us knew the Person others did not I was one that did know him and did think him a very fit Man to send L. C. J. Pray my Lord who was the Person Be pleased to tell the Jury so as they may know it L. Howard Aaron Smith Mr. J. Withins Had you any discourse with Col. Sidney my Lord afterwards that he was sent L. Howard Yes my Lord. L. C. J. Pray give an account of that L. Howard About three or four days after this Meeting at my Lord Russels I went to Visit Col. Sidney at his House and while I was there in the Room he went to his Cabinet and out of a Drawer where there was five or six hundred pound in Gold as I could guess he took a good many pieces I do not know directly how many but he took out so many as he said was threescore Guineys that he was going to carry to Aaron Smith I went not in my own Coach and therefore went away with him in his Coach and he set me down at Southampton Street at my own Lodging I went no further but he did and he told me afterwards it was conveyed to him and that he did go L. C. J. How long was that after your second Meeting at my Lord Russels where you say you intrusted Col. Sidney to send one into Scotland L. Howard I think it may be less then a Week four or five days that I saw him carry the Money After this he said he had given him this Money and was gone And when he was dispatched in a Week after I was making enquiries after him and Col. Sidney said he had not heard of him since he went away but about a fortnight or three Weeks Col. Sidney said he had heard of him That he was at New-Castle and stay'd there but he wondered he could hear no more of him I then went into Essex and when I came back from thence he told me he was come but I had never seen him not to this day indeed I had once appointed a Meeting with him at Mr. West's Chamber but something or other happened we did not meet Mr. Att. Gen. We have done with my Lord Howard if they will ask him any Questions they may L. Ch. J. They know their time when the Kings Attorney has done with any Witness then they may examine him if they please If they will not call your other Witnesses Mr. Att. Gen. Will you ask him any Questions Mr. Jones No no by advice they are to ask him nothing Mr. Att. Gen. We shall give your Lordship and the Jury an account in the next place that we have traced Aaron Smith into Scotland And for that we shall call some Witnesses which indeed we did not produce before at any Tryal because we had not then discovered so much We shall bring you the Person at whose House he lay at New-Castle and the very Messenger that was sent with him to conduct him a by-way into Scotland Call Sheriffe and Bell. L. C. J. Look you Gentlemen You that are at the Bar there you must let the Jury stand by themselves I see there are a great many others intermingled with them and you Gentlemen of the Jury If any whisperer talk to you we expect that you should tell us who they are for we will suffer no remarks to be made but what are openly made to the Court and the Jury by the Counsel of both sides Mr. Att. Gen. Swear Sheriffe and Bell which was done M. Williams What is this Man's Name Mr. Att. Friend what is your Name Witness My Name is Sheriffe Mr. At. Gen. Pray give my Lord and the Jury an account What you know of any Person that lay at your house some time since and whether you have seen him since My Lord this Gentleman did not know Aaron Smith before and therefore I desire Mr. Atterbury may be called and examined again Mr. Atterbury do you know Aaron Smith Mr. Atterbury Yes I know him very well Mr. Att. Gen. Had this Gentleman a view of Aaron Smith Mr. Atterbury Yes he had He was brought where Aaron Smith was and this other Person was by before him too and I was by when they had a view of him Mr. Att. Gen. Now pray give an accompt what you know of the man you saw Mr. Sol. Gen. Where is Aaron Smith Mr. Atterbury He is in the Kings Bench Prison and he was brought by Habeas Corpus to White-hall before the King where these two persons were brought likewise and there this man Sheriffe did own that Aaron Smith was the man that was at his house and the other Bell owned that he travelled towards Scotland with him and that he was hired to shew him the way into Scotland Mr. Att. Gen. Did Aaron Smith say any thing Mr. Atterbury He would not Answer any thing at all nor say a word Mr. Att. Gen. Pray give an account Mr. Sheriffe who it was that lay at your House and when it was and what he said was his Business and by what name he went Mr. Sheriffe Indeed his Business I did not know but he was at our House about the middle of February it was there abouts L. C. J. When was it what February Mr. Sheriffe The last February Mr. Att. Gen. You say he was at your House last February pray tell the Court where that is Mr. Sheriff At New-castle Mr. Att. Gen Do you keep any Inn there Mr. Sheriffe Yes Mr. Att. Gen. What Sign Mr. Sheriffe The Sign of the Black-spread Eagle Mr. Att. Gen. And what did he do there Mr. Sheriffe He stayed there one Night and went away and returned again in twelve days or thereabouts and came to my House again Mr. Att. Gen. Whither did he go from you Mr. Sheriffe He went Southward as I suppose I know no further Mr. Att. Gen. But when he first came to your House which way went he Mr. Sheriffe He went Northward towards Scotland as he himself said And desired to have one to
not supported by credible Circumstances then indeed it would be less material yet I cannot say it would not be at all material it is material and you are to determine whether you have sufficient Evidence given you to induce you to believe That my Lord Howard is at this time Guilty of wilful and malicious Perjury for it is Perjury and that in the highest degree if it be not true that he says and God deliver all Mankind from being Guilty of any such thing I leave that to your Consciences Gentlemen who are the Judges of it But says the Kings Councel Here are Circumstances that do support our Fact and the Credibility of it For first here is the Circumstance of Aaron Smith who was sent into Scotland by Mr. Sydney in pursuance of this design and this Circumstance my Lord Howard does subjoyn to what he has positively affirmed against the Defendant And this Circumstance is a thing that may be helped by other proof and what is this Circumstance Say they That Aaron Smith was sent into Scotland and in order to prove that they have called one Sheriff who is a man that keeps an Inn at the Posthouse in New-Castle from whence Col. Sidney told my Lord Howard he had notice of his arrival at New-Castle but had heard no more of him after that And this Sheriff Swears directly I saw that man they call Aaron Smith when he was shewn to me before the King and the Council and Mr. Atterbury Swears he shew'd Aaron Smith to him and then Sheriff swears that man you shew'd to me was the Man I saw at my House at New-Castle that chimes in with the Circumstance of Fact that Mr. Sidney heard from him at New-Castle And then there is the Circumstance of time when he saw him there Says he I saw him the Friday before Shrove-tuesday which they in the North call Fasters-Even He came to my House on Thursday night and went away the next day Friday and he went with his Guide the other man Northward in order to his Journey into Scotland as he himself said Says he I remember the time very particularly it was the Friday before Shrovetuesday last this February was Twelve-month and he went yet further says he I did not only see him when he went away but when he came back again for he left his man at my House all the time and he tells you what his name was for he says Smith went under the disguised name of one Clarke and he did then talk of going to the VVestern parts of Scotland he named Douglas as he thinks tho he is not positive in that but he is in the Person that was the man And says he I sent for this Person the other fellow Bell and he was the guide he had along with him And upon Bells Examination What says he Says he I remember that man came thither at that time to the other mans House I take it upon my Oath that is the man and he went by the name of Clarke he hired me to be his Guide I went out with him on Friday morning and I went a long with him all that day but upon Saturday which was the next day going Northward with him my Horse tired and failed me Thereupon I was forced to be left behind but I overtook him on Sunday night following I overtook him at such a place and saw him within six Miles of the Borders of Scotland I take it upon my Oath this is the man that was there under the name of Clarke and at his returning back again I took notice of him I went up to him I drank with him and we had discourse of our Journey He told me at first he was to go to the VVest of Scotland and so he went Northward After that which was about Ten or Twelve days he came back again and so went Southward towards London This he doth Swear directly to be at that time Now Gentlemen The time is wonderful material in that Case because that very time Twelve-month that they talk of is the beginning of February If you look upon your old Almanack of the last year I happen to have one in my Pocket and look upon it when the men gave their Testimony and there you will find that the Monday before Shrove-tuesday when he says he left him within six Miles of the Borders of Scotland falls out to be the 19 th of February I will look upon it again lest I should mistake 't is just so and that humors the time that my Lord Howard speaks of which was about the middle of February a few days after that he says the Money was given by Mr. Sidney and then for the time for Aaron Smith to get to New-Castle there is a fit space of time for it falls out that the Thursday that he arrived at New-Castle is the fifteenth day of February and so it falls in well with my Lord Howards Testimony and so the Monday that he parted with him at the Borders of Scotland was the 19 th which also just humours the time that he speaks of So that here is a Circumstance of Fact to confirm his Testimony both as to the sending the Messenger and the Circumstance of time That he is the same man is proved by these two Witnesses who agree in this That he was there about such a time and it does likewise humour that other Circumstance of place that Mr. Sidney said he had heard from him from New-Castle but not since and then there is the other Circumstance which backs and confirms all There was not only a sending for these Persons but there is notice taken that these Cambeles who were to be assisting in this matter were to come about the Sham and under the disguise of Purchasing Plantations in Carolina About the beginning of June they come to Town the Two Cambels Sir John Cockram and Mr. Monrow Sir Andrew Foster he tells you he met with some of the Men and they told him They came about the business of Carolina and so the Cant of Carolina is made good in this circumstance that way but when the Plot brake out these men sculk one flies one way another another some were taken as they were Escaping away by Water others of them were taken upon the Bed at Noon-day in More-fields Had the business they came over into England about been a fair and a lawful and honest Business why should they hide themselves Why should any Man sneak and sculk and be ashamed to own an honest and lawful business But this does humor and touch the thing exactly as to that circumstance That Carolina was onely a Cant for to disguise their coming over These are the onely Two Circumstances that seem to be pretty strong for them to prove and support the credibility of what their Witness has sworn For Gentlemen What a wonderful sort of Expectation would it be That we shall never Convict a man of High Treason unless you can bring