THE TRYALS OF Thomas Walcot William Hone William Lord Russell John Rous William Blagg FOR HIGH TREASON For Conspiring The Death of the King And raising a REBELLION IN THIS KINGDOM At the Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday Friday and Saturday Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being meâ— and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which True and Faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the antient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Commâ—n Tranquility of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of November in the Year of the Reign of our Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a Miserable Slaughter amongst the Subject of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move procure and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Soverâ—ign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly name of the Imperial Crown of this his â—â—â—â—dom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the second day of March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
Lord in compassing the Murder of the King in raising Rebellion within this Kingdom to the overthrowing of the best constituted and the most excellent Government in the World Gentlemen he does not stand alone and therefore he is charged in the Indictment with a Conspiracy with many others I am heartily sorry to say there are many indeed there is hardly any Kingdom or Nation wherein there are not discontented persons whose narrow Fortunes or malevolent Spirits render them uneasie in that condition God Almighty hath put them but to find men that pretend to be Christians or to have any thing of Virtue and under the best of Governments that indeed is a matter of wonder and indeed it casts so great a stain and reproach upon the Protestant Name that it is not to be wiped off but by the severest Justice of the Kingdom Gentlemen this design was for a general Rising and at the same time to assassinate the King and the Duke of York this is the design which the whole course of our Evidence will open to you and lies so naked that I hope no Englishman that lives but will see through these men that have made such a noise and tumult in these latter dayes This design to assassinate the King and the Rising was designed to be in October last upon the King 's Return from New-Market and at that time there was a Noble Lord that is gone now to his own place as will appear by the Evidence that furnished them with considerable summs of money for the providing Men and Arms for the assassinating the King at that time but the Assassinates were not then ready as God appointed they should not be ready and so at that time they were disappointed Then the general Rising was put off till Queen Elizabeth's day which will open your eyes to see upon what grounds those Tumultuous Meetings were encouraged in the City to the terror of all honest men but that Rising was also disappointed because some of the Conspirators were not ready with their Men in the Countrey and then Gentlemen though it was prest on by the person I mentioned he then thought it high time to leave these Confederates to themselves Gentlemen after this we shall trace them in their several Meetings and Consultations for there was a time that they struggled with themselves which should be effected first whether they should first kill the King and the Duke or whetâ—â—r they should first rise and so prosecute him in an open Rebellion and destroy him that way And the course of our evidence will shew how ingenious these men were for it appears there were men of great ingenuity and courage as appears by the Prisoner at the Bar and they would discourse of these matters in Phrates that common persons should not understand them Capt. Walcot I do not understand you Mr. Att. Gen. I speak as loud as I can At their meetings for cutting off the King that was the executing of a Bargain and Sale and a short conveyance to come to their end The raising of a War that was under the notion and so to be discourst of of executing a Lease and Release to work both upon the possession and upon the reversion and under these mystical terms they discourst of all these subjects when they were in publick places Capt. Walcot I do not hear Mr. Att. Gen. You will hear the Witnesses and that will concern you more Then Gentlemen in these several meetings they contrived to allot every man his part some were to provide Arms others were to provide men to do the execution which was last resolved upon to be at the Rye upon the Kings last return from New-Market Gentlemen in all these parts which I hope to prove the Prisoner will appear to have a principal part in them all In all the Consultations and Advisings for the raising men wherein he was to be a principal Commander according to the skill he hath but for the Assassination at the Rye Rumbold was to conduct the Men hired for that purpose Gentlemen accordingly the time was appointed for his Majesty to come and the Assassinates to meet him there but it pleased God that that was disappointed by a miraculous Fire for so all Englishmen may call it and whereas they were to go down on Friday to Rumbold's House and the King to come up on Saturday the Fire brought him to Town on Tuesday but notwithstanding this great Providence to divert them Rumbold and others of the Confederates resolved to go on with it still and several places were appointed and several Officers appointed to view those places either between Hampton-Court and Windsor or else to do it at the Play-house or upon the Kings passage from the Play-house by Bedford-wall at Covent-Garden but if these should fail they were resolved to do it at the Bull-feast Gentlemen they went further they provided Arms which very Arms opportunely fell into our hands we seised those very Arms that were bought for that purpose to kill the King and the Duke We shall go through with it I will name you the material places of their meetings that so you may understand the Witnesses the Green-Dragon Tavern on Snow-hill the Salutation Tavern in Lumbard-street the Angel Tavern near the Exchange and Mr. West's Chamber in the Middle Temple these were some of the principal places though they had several other places wherein all these matters were consulted and transacted They had prepared a new Model of Government and they were for overturning all as all these Politicians do though they had a most excellent Government yet they had a better in their own brains or at least their share would be greater in it as all Rebels have a prospect of Gentlemen for the other parts we shall have less occasion to give evidence of now for every one had their particular part some for the great design of the rising some for the killing of the King whereof that Gentleman the Prisoner was one and there were other parts assign'd to others for taking and surprizing the Tower We will call our Witnesses and prove all that we have opened and make it as clear to you as the Sun shines such a prodigious Villany nothing but a firebrand from Hell could kindle in meâ—s minds to kill the best of Kings and to destroy the best Frame of Government Gentlemen I do not question your Justice but that this man shall pay what is due to the Justice of the Kingdom Mr. S. Jeffreys My Lord I only desire to give an account of the method of our Evidence Capt. Walcot My Lord I desire I may have the favour of Pen and Ink. L. C. J. That you shall have Mr. S. Jeffreys My Lord and you Gentlemen of the Jury Mr. Attorney hath already given you an account of the design that was to be put in execution by a parcel of evil men whereof the Prisoner at the Bar we charge to be one We shall not detain you
longer with opening the matter but beg the favour of the Court that we may acquaint you a little with the method we intend to follow in calling our Evidence for the King against the Prisoner at the Bar. In the first place my Lord we will call our Witnesses to give your Lordship and the Jury satisfaction That there was a design in general and that that design was first intended to be a general Rising over all the Kingdom in which design the Prisoner at the Barr had a very consideraâ—â— share and was looked upon to be a very proper and fit person for the managery of that part of the design For other meetings and at what places Mr. Attorney hath already opened to you We will then come to more particular agreements that were between them in order to the carrying on this admirable good work as it hath been truly stated for the destruction of the best and most merciful of Kings and for the destruction of the best of Religions the Religion of the Church of England I take notice of it because all men may know The most of these persons nay all of them concerned in this hellish Conspiracy were Dissenters from the Church of England And the better to effect this horrid villany I am sure I want words and so does any man else to express the baseness of these crimes the better to effect this thing the way it was to be done was by taking off the King and by taking off his Brother too At length after several debates and some proposals made between these persons they came to a determination and an actual resolution To take off the King and his Royal Brother My Lord we will prove generally that this was the intent of the design or the Plot in general My Lord we will then give you an account That they entred into several consultations for a new model and frame of Government for they intended to set up the people and they had even fixt a certain superiority and resolved as all people of their principles have a mind according to their several inclinations to fix the power in the people Gentlemen an old Tenent that brought the Kings Father to that untimely and horrid end by fixing the power in the people These Gentlemen had a mind to insinuate and ingage the people by fixing the power in them and saying that publick Proclamations were to be made And after this horrid and barbarous murder intended upon the King and the Duke there were Declarations to be made in the names of such and such Lords and the Associating Members of the last House of Commons these were the persons thought fit in whose hands the power of the whole Kingdom should be lodged Gentlemen after we have given you an account of the several meetings then we will come to the Prisoner at the Bar and prove against him That he had not only an hand in the first part of the plot about the rising but he was also to be one of those villains that were to murder the King I cannot express my self in more moderate Terms and I am sure no man can blame me that hears the proof Gentlemen when we have thus given you this Evidence I hope we shall satisfie the Court and all mankind That persons that have been thus guilty under pretence of Religion or under any other pretence whatsoever are fit objects of the severity of humane Laws If we prove against the Prisoner at the Bar That he had an hand in this horrid Conspiracy I make no doubt but you will shew your selves to be Englishmen loyal men and overtake all men that thirst after the Kings blood Mr. Sol. Gen. Gentlemen we will call our Witnesses and as no man can doubt but the murder of the King that vile design would have been seconded by a power to back that horrid villany so we shall shew you That this Gentleman was concerned in both parts in the immediate assassination of the King and the raising of Arms. We need not go about to give you an history of the thing any other way than in applying it to this person for there is no part of this Conspiracy he can clear himself from and all the evidence that speak of this design speak of this man as a chief Actor in it M. Att. Gen. Call Col. Rumsey who was sworn Mr. Sol. Gen. Col. Rumsey Pray give my Lord and the Jury an account what you know of the Prisoner at the Bar whether he were concerned either in relation to the murder of the King or the raising Arms. L. C. J. Mr. Rumsey raise your voice so audibly that you may be heard Col. Rumsey The first meeting I had with this Gentleman was at Mr. West's Chamber Mr. Att. Gen. Before you begin to tell of your meeting give an account of any rising that you have heard of Col. Rumsey Sir about the latter end of October or the beginning of November I was with my Lord Shaftsbury late at Night and he told me That the Duke of Monmouth my Lord Russel my Lord Grey and Sir Thomas Armstrong were at one Mr. Shepherd's house near Lumbard street He desired me to go to know what they had done about the raising Arms at Taunton I did go and Mr. Shepherd carried me up to them and they told me That Mr. Trenchard had failed them about the men and they could proceed no farther at that time L. C. J. What Shepherd was this Coll. Rumsey Mr. Shepherd the Merchant near Lumbard-street one Mr. Thomas Shepherd And so I came to my Lord the next day and told him of it and then he made his preparation to be gone for Holland L. C. J. What discourse had you with my Lord Shaftsbury thereupon What did he say What made you believe he made preparation to be gone Col. Rumsey My Lord he said there was no dependance upon those Gentlemen that met and he would leave England After that a Fortnight or three Weeks there was a meeting one day at Mr. West's Chamber and there was Mr. West and Mr. Goodenough and Mr. Wade and some body else there was but I cannot remember his Name Captain Walcot was in Holland then There it was proposed nothing was to be done by a general Rising but there was no surer way than to take off the King and the Duke and that to that intent and purpose they could not carry it on without Mr. Ferguson and so he was writ for into Holland and he came out of Holland upon that Letter and Captain Walcot with him After Mr. Ferguson's coming back from Holland there was very suddenly a meeting again and then it was concluded that nothing was to be effected without taking off the K. and D. or to that purpose Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain Walcot was there to find out men and they could not find out a number of men without which Mr. Rumbold would not
Person privy to it and that I might have the better opportunity to make good my Word to his Majesty and to approve my self Your Honours most humble Servant THO WALCOT Mr. Att. Gen. Swear Capt Richardson which was done Capt. Richardson My Lord On Sunday at Night Mr. Walcot desired to speak with me and he seemed very desirable to wait upon His Majesty and unbosom himself to the King Mr. Attorney saâ—d I should give him Notice to prepare himself for his Tryal which I did and told him He should want nothing to prepare himself for his Tryal Yesterday Morning his Son came and I sent my Clerk to stand between them and he had prepared this little Paper tyed close with a Thread which my Man told me he did intend to give his Son and he desired me since I had Discovered it I would make no use of it The Letter was to Captain Tracy that was his Land-lord to speak to Coll. Rumsey That he would be tender of him and tell him He had ground enough to serve the King upon other Men and also to speak to Mrs. West to desire the same thing of her Husband The last Words of the Note were If you cannot be private leave the Issue to God L. C. J. Mr. Walcot Have you any thing to say for your self against this plain Evidence Capt. Walcot My Lord They have taken a great deal of pains and made long Speeches though very little of them relating to me though too much Coll. Rumsey tells your Lordship of a Design they had to Assassinate the King and carrying on a War or something like it when I was out of the Kingdom That at Mr. Sheppard's House they drew up a Declaration and that upon Mr. Trenchard's saying things were not ready This was before I came into England and he says This was agreed at Mr. West's Chamber befoâ—â—â— came out of Holland That Rombald undertook it Then he says That after I came over I undertook to Charge the Guards while the King was Killing My Lord That was a very improbable thing for I look upon it that there is no difference between killing the King and securing his Guards These Gentlemen by what they have said do sufficiently convince the Court and all that hear them that they are sufficiently dipp'd themselves Here they Combine to take away my Life to save their own Then they tell you ' That Mr. Goodenough and Mr. Rombald brought Notes about Men that were to Assassinate the King but they do not tell your Lordship I was privy to any of these Notes nor that I knew any of them It 's in it self very improbable That I would ingage in so desperate an undertaking with Men I never saw nor heard of in my life Then he tells you That Mr. Ferguson had been at a place where I was there they inquired what Mr. Goodenough had done and withal they told you They met at my Lodging now that their meeting was ar'my Lodging was by Coll. Rumsey's appointment I knew nothing of it Most of these Meetings were by Coll. Rumsey's Appointment or Mr. Wests I accidentally came amongst them sometimes but all my business was only to hear News nothing was agitated concerning Killing the King or Levying of War more or less as I know of I must confess I did hear that there was a Design by a great many Lords and Gentlemen and others for Asserting of their Liberties and Properties but I was never in any Consultation with them or any Message to them nor I never saw one of these Lords that I know of that are said to be concerned Therefore I say 't is very improbable I should be so far concerned as they seem to represent it they met at the Five Bells they allow themselves I was not at that meeting For Mr. Keeling he does not at all Charge me What I said to Mr. West relating to the business he talks of in October last that my Lord is out of doors in point of time I pray God forgive him for what he has said I can't say more than I have L. C. J. Pray where do you live Where is your Habitation Capt. Walcot My Habitation is in Ireland my Lord. L. C. J. Pray what do you here Capt. Walcot I was invited by my Lord Shaftsbury to go Governor to Carolina L. C. J. That Design was a great while ago frustrated Capt. Walcot My Lord it was some while before I came over and so my Lord gave his Commission to another But being in England my Lord Shaftsbury invited me to go to Holland with him which I did and when he dyed I came to London I had not been here a Fâ—rtnight but I fell ill of the Gout and that continued Three months Another thing was my Son was here and I designed to Marry him and make Provision for my younger Children My Lord I have a competent Estate I hope it is no great Crime for a man of an Estate to be here L. C. J. You confess you heard some discourse of these things What made you to frequent their company when you heard these things Capt. Wal. It was my folly to do it L. C. J. Ay but you are to understand that Folly in these Cases is Treason Capt. Walcot I conceive my Lord 't is only misprision of Treason I did hear of a great deal that these Gentlemen have said and that there would be an Insurrection but I had no hand directly or indâ—rectly in it nor did it enter into my thoughts either directly or indirectly the Death of the King When some Gentlemen have talked to me of it I Abominated it and told them it was a â—candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.
Lord Shaftsbury sent him to persons concerned in the Conspiracy to know in what readiness it was but they being disappointed of men whom they expected to rise in the Country they did defer it at that time at which my Lord Shaftsbury being concerned went into Holland and I think the Prisoner himself hath told you he went with him The design was not then laid aside but still carryed on the most material man Mr. Ferguson being in Holland there was some little stop put to it that is to the swift progress of it therefore he was sâ—nt for over to manage it as being the only man in whom all persons had confidence When he comes over he brings Cap. Wal. along with him Mr. Ferguson meets at Mr. Wests Chamber this Mr. West and Col. Rumsey give an account of they both swear it Several meetings there was in which Cap. Wal. was not and possibly at those times he might be sick of the Gout and that might occasion his not being there But afterwards both tell you that Cap. Walcot did meet at Mr. Wests Chamber and there was debated particularly the Assassination of the King and it was agreed to be at Rombalds house called the Rye looking upon it as a very convenient place as those that know it say there being a narrow passage that it was easie to assault and hard for persons to esape and with 40 or 50 men thereabouts it was a design very likely to have suceeded Cap. Walcots share in this was not directly the Assassination of the King that he would not be concerned in being a Soldier it was beneath him to do that but his part was to fight the Guards he looked upon that as the more honourable employment men-that were armed to ingage them This is proved both my Mr West and Col. Rumsey In the next place Gentlemen when this did not succeed but was prevented by the great Providence of God Almighty as you have heard they carry on the design still and take it into their Counsels and resolved to carry it on either at Windsor or in his passage from Windsor to Hampton-Court but no place was certainly fixed upon and I think the latter resolution was that it should be done at the Bull Feast an entertainment that was designed here in the Fields Now Gentlemen while this was carrying on it was necessary to carry on the other part too that is the Insurrection and that Cap Walcot is all along concerned in He is present at the meetings in the Taverns where they discoursed concerning raising men to secure the King This is Mr. Bournes Evidence That at the Dragon-Tavern on Snow-Hill there they met to consult to secure the King and the Duke That he was present at the meeting in London this is sworn by all by Col. Rumsey Mr. West Mr. Bourne where Goodenough was to give an account what success he had in the list made of dividing the City in several parts and raising men out of every division and Cap. Walcot met for to know what progress they had made in it Gentlemen every one of these are overt-Acts to declare his intention to kill the King and are all High-Treason The Gentleman at the Bar cannot attempt to mitigate his Offence by saying he would not directly Assassinate the King but would be the man to assist in raising Arms this make him equally Guilty To conspire to raise Arms against the King certainly that is as great a Declaration of his Imagination of his heart to kill the King as anything in the world And this being proved upon him there is no room for any Ojections for him to make some he hath made not worth the mention but because they are those he thinks fit to put his life upon I will take notice of them to you He says the Witnesses are not to be credited because they have been concerned in the same Conspiracy Gentlemen Because they have been concerned therefore they are to be believed for who should know this but thosâ— that were so concerned I think Gentlem. there is no good man no honest man would desire a better Evidence for better Evidence could not have been had unless the thing had taken success and I am sure that is far from the heart of any man that has the heart of a Christian to wish Does he pretend to intrap these Witnesses in any contradictions Does he pretend to say that these Witnesses have consulted together to make up this story to accuse him for his life There is nothing pretended of it but on the contrary he owns he met these men but the end of his going there was only to hear news I thought that had not been the proper place to hear News inicertainly no man that comes there would have been admitted meâ—rly for curiosity certainly he must bring a mind to accompany them in all their Villany but his own confession you have for that I think he hath hardly confidence to deny but he was at several Consults for raising of Arms at Mr. VVests Chamber You were when Goodenough gave an account at the Green-Dragon Tavern You were where discourses were of raising Arms to secure the King and nothing he has said Gentlemen to clear himself Gentlemen Here is that above all Evidence here is almost the Confession of the Prisoner the Letter of his own Hand That Letter when he see his Name in the Proclamation acknowledges it it is his first Crime he says what was that Crime he was proclaimed as a Traitor He says in his Letter that his Life was at the King's Mercy that if his Death would do the King more Service than his Life God's Will be done That if his Mâ—jesty would admit him to come in and use Mercy he would tell all he knew concerning England Scotland and Ireland which he thought would be more material than any thing that another Discoverer couâ—d tell This shows he hath a deeper Hand than any of these Men that have given this Evidence You see they accuse themselves they confess this and 't is a great Mercy they have so done for all your Lives and Liberties in the Person of the King are preserved and God be thanked that you are here this day to sit in Judgment upon that would have deprived you of them L. Ch. J. Look you Gentlemen of the Jury Here is the Prâ—soner at the Bar indicted of High Treason and 't is for conspiring the Death of the King and for endeavouring to raise Arms within his Kingdom against him You hear he dâ—nies himself to be Guilty you have heard the Evidence and this does plainly appear upon what you have heard that there was a dangerous and desperate Plot upon the King to have destroyed him that is most certainly plain the Prisoner himself confâ—ssed it that there were several Consults and Meetings concerning it and that this had a great Progress from time to time for near half a Year is very plain that he was at
times Now Gentlemen this is the substance of the Evidence that hath been produced against my Lord Russel My Lord Russel hath made several Objections That he was accidentally at this meeting at Mr. Shephards house and came about other business but I must observe to you that my Lord Russel owned that he came along with the Duke of Monmouth and I think he said he went away with him too You observe what Mr. Sheppard's Evidence was Mr. Ferguson came to tell him the Duke of Monmouth would come and accordingly the Duke of Monmouth did come and brought his Companion along with him which was my Lord Russel and certainly they that met upon so secret an Affair would nâ—ver have brought one that had not been concerned Gentlemen there are other Objections my Lord hath made and those are in point of Law but before I come to them I would observe what he says to the second Meeting My Lord does not deny but that he did meet both at Mr. Hambdens house and my Lords own I think my Lord said they did meet onely to discourse of News and my Lord Howard being a man of excellent discourse they met for his conversation Gentlemen you can't believe that this designed Meeting was for nothing in this close secret Meeting that they had no contrivance among them You have heard the Witness he swears positively what the Conversation was and you see the fruit of it Sir Hugh Cambell's coming to Town and absconding when it is discovered Now my Lord Russel insists upon it that admitting these Facts be proved upon him they amount to no more than to a Conspiracy to levy War and that that is not Treason within the Statute of 25 E. 3. and if it be onely within the Statute of the 13th of this King then 't is out of time that directs the prosecution to be within six months The Law is plainly otherwise The Statute of the 13th of this King I will not now insist upon though I believe if that be strictly looked into the clause that says the prosecution shall be within six months does not refer to Treason but only to the other offences that are highly punishable by that Statute For the Proviso runs thus 13. Car. 2. Provided always that no person be prosecuted for any of the Offences in this Act mentioned other than such as are made and declared to be High Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by order of the Council-Table of his Majesty his Heirs or Successors directed unto the Attorney General for the time being or some other of the Councel learned to his Majesty his Heirs or Successors for the time being Nor shall any Person or Persons by vertue of this present Act incur any the Penalties herein before mentioned unless be or they be prosecuted within six months next after the offence committed and indicted thereupon within three months after such prosecution any thing herein contained to the contrary notwithstanding This word Nor is a continuation of the former Sentence and the exception of High Treason will go through all and except that out of the temporary limitation of Treason But this is High Treason within 25 E. 3. To conspire to levy War is an Overt Act to restifie the design of the death of the King And the errour of my Lord Cook hath possibly led my Lord into this mistake But this Gentlemen hath been determined it was resolved by all the Judges in the Case of my Lord Cobham 1 Iac. A Conspiracy to levy War against the Kings person as this was a Conspiracy to seize the Guards what does that tend to but to seize the King and that always hath been taken to be High Treason But there are some things called levying of War in Law that are not so directly against the King as if a number of men go about to levy men to overthrow all Inclosures this by the generality of the intent and because of the consequences is accounted levying War against the King A Conspiracy therefore to levy such a War which by construction only is against the King perhaps that may not be such an Overt act as to testifie the imagination of the death of the King but other Conspiracies to raise War against the King have always so been taken 'T is the Resolution of all the Judges in my Lord Dyers Reports the Case of Dr. Story A Conspiracy to invite a forrein Prince to make an Invasion though no Invasion follow is an Overt act to prove conspiring the death of the King And as it has been so taken so it hath been practised but of late days In the King's Bench I take it the Indictment against Plunket that was hanged he was indicted for Conspiring against the Life of the King and his Charge went no further than for raising of Arms and inviting the French King in and he suffered This is acknowledged by my Lord Cook for he himself said in the Paragraph before that out of which this advice to my Lord Russel is extracted That a Conspiracy to invite a forein Prince to invade the Kingdom is a Conspiracy against the Life of the King And in the next Paragraph he says an Overt act of one Treason cannot be an Overt act of another Treason but constant practice is against him in that For what is more common than to indict a man for imagining the death of the King and to assign the Overt act in a Conspiracy to raise Arms against the King and sometimes they go on and say Did levy War against the King Now by my Lord Cook 's rule levying War unless the Indictment be particular for that is not an Overt act for the compassing the death of the King but the contrary hath been resolved by all the Judges in the Case of Sir Henry Vane and it is the constant practice to lay it so in Indictments It would be a strange construction if this should not be High Treason 'T is agreed by every body to take the King Prisoner to seize the King that is a compassing of the death of the King And to sit in counsel to conspire to effect that that is an Overt act of the imagination of the death of the King now no man can distinguish this case from that And this Consultation amounted to all this for plainly thither it tended The Consultation was to seize upon the Kings Guards that could have no other stop but to seize upon the Kings person and bring him into their power As to the Killing of the King I am apt to think that was below the honour of the Prisoner at the Bar but this is equal Treason If they designed only to bring the King into their power till he had consented to such things as should be moved in Parliament 't is equally Treason as if they had agreed directly to assassinate him Therefore I think there is nothing for you to
so little concern for his own life to make this Discourse his ordinary Conversation No it must be a particular Consult of Six that must be intrusted with this I tell you 't is not the Divines of the Church of England but an Independent Divine that is to be concerned in this they must be persons of their own complexion and humour For men will apply themselves to proper instruments Gentlemen I would not labour in this case for far be it from any man to endeavour to take away the life of the innocent And whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts into the Scale Gentlemen I must tell you on the other side you have Consciences Religion you have a Prince and a merciful one too consider the life of your Prince the life of his Posterity the consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving Gentlemen I must put these things home upon your Consciences I know you will remember the horrid Murder of that most pious Prince the Martyr King Charles the First How far the practices of those persons have influenced the several punishments since is too great a secret for me to examine But now I say you have the life of a merciful King you have a Religion that every honest man ought to stand by and I am sure every Loyal man will venture his Life and Fortune for You have your Wives and Children Let not the greatness of any man corrupt you but discharge your Consciences both to God and the King and to your Posterity L.C.J. Gentlemen of the Jury the Prisoner at the Bar stands indicted before you of High Treason in compassing and designing the death of the King and in declaring of it by Overt acts endeavouring to raise Insurrections and popular Commotions in the Kingdom here To this he hath pleaded Not Guilty You have heard the Evidence that hath been against him it hath been at large repeated by the Kings Counsel which will take off a great deal of my trouble in repeating it to you again I know you cannot but take notice of it and remember it it having been stated twice by two of the Kings Counsel to you 't is long and you see what the parties here have proved There is first of all Col. Romsâ—y he does attest a Meeting at Mr. Sheppard's house and you hear to what purpose he says it was the Message that he brought and the Return he had it was to enquire concerning a Rising at Taâ—nton and that he had in return to my Lord Shaftsbury was that Mr. Trenchard had failed them and my Lord must be contented for it could not be that time You hear that he does say that they did design a Rising he saith there was a Rising designed in November I think he saith the 17th upon the day of Queen Elizabeth's birth You hear he does say there was at that Meeting some discourse concerning inspecting the Kings Guards and seeing how they kept themselves and whether they might be surprized and this he says was all in order to a Rising He says that at this my Lord Russel was present Mr. Sheppard does say that my Lord Russel was there That he came into this Meeting with the Duke of Monmouth and he did go away with the Duke of Monmouth as he believes He says there was some discourse of a Rising or Insurrection that was to be procured within the Kingdom but he does not tell you the particulars of any thing he himself does not My Lord Howard afterwards does come and tell you of a great discourse he had with my Lord Shaftsbury in order to a Rising in the City of London and my Lord Shaftsbury did value himself mightily upon 10000 men he hoped to raise and a great deal of discourse he had with my Lord Shaftsbury This he does by way of inducement to what he says concerning my Lord Russel The Evidence against him is some Consults that there were by Six of them who took upon them as he says to be a Council for the management of the Insurrection that was to be procured in this Kingdom He instances in two that were for this purpose the one of them at Mr. Hambden's house the other at my Lord Russel's house And he tells you at these Meetings there was some discourse of providing Treasure and of providing Arms but they came to no result in these things He tells you that there was a design to send for some of the Kingdom of Scotland that might joyn with them in this thing And this is upon the matter the substance of the Evidence that hath been at large declared to you by the King's Counsel and what you have heard Now Gentlemen I must tell you some things it lies upon us to direct you in My Lord excepts to these Witnesses because they are concerned by their own shewing in this Design If there were any I did direct some of you might hear me yesterday that that was no sufficient exception against a mans being an Evidence in the case of Treason that he himself was concerned in it they are the most proper persons to be Evidence none being able to detect such Councils but them You have heard my Lord Russels Witnesses that he hath brought concerning them and concerning his own integrity and course of life how it has been sober and civil with a great respect to Religion as these Gentlemen do all testifie Now the Question before you will be whether upon this whole matter you do believe my Lord Russel had any design upon the Kings life to destroy the King or take away his life for that is the material part here 'T is used and given you by the King's Counsel as an evidence of this That he did conspire to raise an Insurrection and to cause a Rising of the people to make as it were a Rebellion within the Nation and to surprize the King's Guards which say they can have no other end but to seize and destroy the King and 't is a great evidence if my Lord Russel did design to seize the King's Guards and make an Insurrection in the Kingdom of a design for to surprize the King's Person It must be left to you upon the whole matter You have not evidence in this Case as there was in the other matter that was tried in the morning or yesterday against the Conspirators to kill the King at the Rye There was a direct evidence of a Consult to kill the King that is not given you in this Case this is an act of contriving Rebellion and an Insurrection within the Kingdom and to seize his Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King Upon this whole matter this is left to
hâ—llish design though I thank God I had no hand in it Say I who are the Persons Pray declare the bottom of this story you come to me about one day after another With much ado he told me Mr. Goodenough was one After this discourse I never saw Mr. Goodenough but twice once was at the King's-head Tavern where I believe was Twenty the second time was a day or two after I saw the Proclamation and his Name in it So much I speak of Mr. Goodenough I asked him the Names of the other persons that were ingaged in this Design and says he I must conceal them for I am under an obligation but the first time I saw the Proclamation against Col. Rumsey and the others says he I was deadly afraid I was in the Proclamation but says he all these persons are concerned and several others Thereupon he told me that when they met they came to this Resolution of seizing the Tower the Aldermen and taking of London Says I pray what money have you to carry on this Money oh says he we don't want money says he Mr. Goodenough hath assured me there is 40000 l. L. C. J. Look you you invert all his discourse He hath sworn it against you Have you any evidence in the world You are not in a capacity to swear against him Rouse My Lord he hath turned it upon me he spake to me always in private L. C. J. Look you You have fixed but upon one person here was Mate Lee that gives a very threwd Evidence against you did he come and teach you did he use these words Rouse My Lord I have nothing to say against Mate Lee I hope he is an honest Man But I having a Design to discover this whole thing and having so much out of Leigh the Dyer L. C. J. What did you use these words to him for then Rouse To satisfie the Gentlemen that put me upon it that I might come to the bottom of the Design Mr. Just. With You say you know a great deal more How came it to pass you never told the King one word of this 'till after you was taken Rouse I have told it since I was taken Mr. Sol. Gen. Pray when you had got to the bottom of all this as you call it why did you deny your Name Rouse I did not deny my Name Sir G. J. He hath as many Names as he has Designs and they are abundance Rouse I did not know they were Officers I did not think there was any obligation upon me to tell every Man my Name L. C. J. You hear what Evidence is given against you concerning your Discourse in Eighty One which though it be not the thing for which you are directly called in question yet if you could clear your self of it it would import you much for that does show your spirit and that you have had a long while a design against the King's Life if that be true therefore it would be very fitting that you purged your self of it and that you could some way or other give an Answer to what you said That the King had forfeited his Crown and had no more right to it than one of those sorry persons you spâ—â—e to And to say the Parliament might take away the King's Authority These are strange treasonable Expressions Rouse My Lord Though this thing be revived which was out of doors two years since and I suppose it is well known to your Lordship who was then upon the Bench. As I was told there was a word in the Indictment called Colloquium He was asked what Discourse passed before But if Mr. Corbin would remember himself I do confess I did say these words but the words that followed before Mr. Just. With. What do you mean the Cart before the Horse Rouse Mr. Wyat was urging of several Discourses the Popish Grandeur in deposing Kings and I gave this Answer in these words Sir says I If it were in the power of any Pope to depose the King then he might as well take away the Crown off the King's Head but he hath no such Power if he had that Power says I then the Crown of England is yours as much as his Mr. Sol. Gen. What was the Colloquium when you said the Parliament might take it away Rouse I never said that L. C. J. I have heard a great deal of your discourse if you think you can make any of it good by Witnesses to your advantage call them Rouse My Lord I have not had time to collect my Witnesses How can it be supposed I should call Witnesses I don't know whether they are here Here are Witnesses called to prove a Matter whereof upon a Tryal two years past I was acquitted Mr. Just. With. Pray do not go away with that here are two Witnesses since L. C. J. You were told that was not the thing laid to your charge now that does only shew the temper of your spirit and how your inclinations hath been all along Look you this you are now charged with is a design to Seize and kill the King and to that purpose to have entred into a Conspiracy with Goodenough and others for the raising of men and the making of a Rebellion and Insurrection here in the Kingdome whereby you might have seized not only the King but his Fort here the Tower and made your selves Masters of hiâ— Ships and so enâ—red into a perfect War with him in his own Kâ—ngâ—ome to the destruction of himself and the Government You hear what the Witnesses say against you Rouse I do declare in the presence of God Almighty before whom I must stand it never entred into my heart Mr. Jones If that would do we should have none hanged Râ—usâ— I appeal to your Lordship and this honourable â—ourt whether 't is likely for me who am such a silly person to ingage in such a Devillish design especially being concerne with no person in the world about it for I declare if I was upon â—en Thousand Oâ—ths I never had any discourse with any person in the world aâ—out it In the next place I was nâ—ver in any meeting though I have heard of several darkly that they met in London and in several Clubbs but I could never find out the places I desire to ask him whether he knows with whom I did concern my self L. C. J. Look you did you never meet him with any company concerning any of these Treasonable designs that you have spoken of Mr. Leigh I will give your Lordship and the Jury an accompt Mr. Rouse acquainted me he could make Ten Sea-Captains I acquainted Mr. Goodenough with it He tolâ— me he wâ—ulâ— have a Golden Ball and told me the charge We went to the Angel and Crown Tâ—â—rn from thence he came to meet Mr. Goodenough to tell him what he had said to these Captains The next dâ—y he met Mr. Goodenough and Mr. Goodenough Mr. Rouse Mr. Pachin and I went from Joseph's Coffee house in
Exchange Alley and he discoursed about gâ—â—â— of these Captains Rouse Who was present Mr. Leigh We never discoursed the matter joyntly but singly with one man Mr. Rouse and Mr. Goodenough went into a Room apart above staires and discoursed this matter as I believe half an hour Rouse How do you know what discourse I had with Mr. Goodenough when you was not present Mr. Leigh Mr. Goodenough thanked me for bringing him acquainted with you L. C. J. How do you know what discourse they had Mr. Leigh I know only what Mr. Rouse told me Mr. Rouse told me that he would ingage Ten Sea-Captains that a Ball should be played and every man take his dividend L. C. J. Did he tell you he had discoursed this with Mr. Goodenough Rouse Did I tell you so Mr. Leigh Yes Sir L. C. J. You speak of several in company one Pachin and others Mr. Leigh We went from the Kings-Head Tavern for there was Company we did not like though we discoursed there but of Hay-making and getting men to help the Country people L. C. J. What did you mean by that Mr. Leigh That was to get men for this business L. C. J. What did he say the intention was of raising these men Mr. Leigh Mr. Rouse hath frequently and often acquainted me that the King had taken an Oath in France and Spain to bring in Popery and Arbitrary power in so many years and that he had not done it made the Popish Party angry but that he would do it L. C. J. Well what design was there in raising of men and seizing the Tower Mr. Leigh He told me all things must be done together The King and the Duke must be seized for that was the principal work Rouse It never entred into my heart Be pleased to ask him if he was not Arrested by one Keeling and what was the accompt of it Mr. Leigh No. Rouse I mean sword against Mr. Leigh I will give your Lord hip an account of it Mr. Goodenough Mr. Rouse Mr. Pachin and I had been at the Kings-Head Tavern a man came and told me a man had been at my house and that one swore against me and it would be dangerous to go home A while after comes one Armiger and he told me Mr. Bateman was gone one way and he another to seek for me and desired me to have a care of my self With that Mr. Rouse Mr. Goodenough and Mr. Pachin came out to me Mr. Rouse directed me to go to the Sun-Tavern at Moongate and I went Mr. Rouse Mr. Goodenough and Mr. Pachin came to me I told them I would meet my Wife but they would not let me go on by any means but sent one Mr. Thomas a Coffee man for my Wife She came and told me Mr. Goodenough had Sworn against several People or he was Sworn against I went to Mr. Rouses house where Mr. Goodenough came to me Mr. Rouse would have had Mr. Goodenough staid there all night Mr. Goodenough sent for his Wife to know if his Brother had Sworn she acquainted him he had not Sworn Mr. Rouse invited him to lie with me He shewed me behind the Bed a Window to go out into another Mans room to make my escape if any Man should come to search the house I lay there on Saturday Mr. Goodenough and Mr. Nelthrop came to me Mr. Goodenough told me he had laid at Mr. Nelthrops all night but he had seen his Brother and he had not Sworn against me I heard that Mr. Keeling had Sworn against me and did say in discourse if I did light of Keeling I would kill him Rouse I desire to ask him another Question When he was told he was Sworn against what did he say L. C. J. He tells you before hand that he said he would kill Keeling if he could meet him Rouse He says Mr. Goodenough and Mr. Nelthrop came to my house ask him if I was in the House or saw Mr Goodenough Mr. Lee. I am not positive whether he saw them together but that he saw Mr. Goodenough there the Friday night for he invited him to lie with me L. C. J. Pray what was your reason in putting Mate Lee upon the inquiring out Men to make Masters of Ships Rouse To satisfie the Gentleman because he told me there was such a design in hand to get to the bottom of that design that so his Majesty might come to no damage Pray My Lord How could I acquaint the King or any Justice of Peacâ— what he meant by it unless I understood it L. C. J. Have you any thing more to ask Or would you have any Witnesses called Rouse My Lord 't is my unhappiness I have no Witnesses Sir Geo. Jeff. He hath confessed the Treason enough L. C. J. Look you Gentlemen of the Jury You hear that this person at the Bar is indicted for High Treason in conspiring the Kings death and declaring this by over Acts that is endeavouring to raise Men here for to Seize the Tower and to make an Insurrection here and a Rebellion within the Kingdom You hear two positive Witnesses of what they have heard from him He did endeavour says Lee to bring him into it and he told him the whole design he did declare to him the manner how they intended to Seize the King and the Duke of York Mr. Goodenough was one of the persons that confederated with him one of them but several others they had They had covert Terms to disguise this by getting the Country People in their Harvest He told them of a design he had to get the Seamen a Thousand of them together to Seize the Tower and White-Hall both at a time And you hear that Mate Lee had the same discourse in substance with him of endeavouring to Seize the Tower and get Arms for to Seize the Kings Ships to raise a Thousand persons for the effecting of this All these things you have heard proved against him he gives no Answer to any of them but only tells you that in truth he did not say these things to them but they that is the first Lee said these things to him He hath no evidence at all of it You hear likewise which does agree with this case the Testimony by the other person concerning his discourse in 81. How he said the King had forfeited his Crown and had no right to it but the Parliament gave him his Authority and might take it away All these discourses they savour of a very wicked Spirit as can be in the whole World I must leave it to you whether you believe him Guilty The Jury presently gave their Verdict that he was Guilty William Blague having been Arraigned on Thursday July 12 th pleaded Not Guilty and put himself upon his Countrey was brought to the Bar again Friday July 13 th he made no Challenges and the former Jury was Sworn The JURY Robert Beddingfield John Pelling William Winbury Theophilus Man John Short the Elder