THE TRYAL OF THE LORD RUSSEL July 13. 1683. My Lord Russel was set to the Bar within the Bar. Clerk of the Crown William Russel hold up thy hand which he did Then this Indictment was read which is as followeth THe Jurors of our Sovereign 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 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 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 Sovereign Lord Charles the Second King of England c. the 34th and diverse 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 diverse other Traitors to the Jurors 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 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 procure 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 he the said William Russel together with other false Traytors as a false Traytor then and there and diverse other Days and Times as well before as after Maliciously Trayterously and advisedly between themselves and with diverse other Traytors to the Jurors 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 Sovereign 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 saiest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copie of the Matter of Fact laid against me that I may know what to answer to it L. Ch. J. My Lord we can grant you nothing till you have pleaded Therefore that which is put to you now is whether you say you are Guilty or not Guilty L. Russel My Lord I am not Guilty Cl. of Cr. Culprit How wilt thou be tryed L. Russel By God and my Country Cl. of Cr. God send thee a good deliverance L. Russel My Lord I thought a Prisoner had never been arraigned and tryed at the same time I have been a close Prisoner L. Ch. Just For Crimes of this Nature My Lord we do it continually L. Russel It is hard my Lord. Mr. Att. Gen. My Lord hath no reason to complain for want of notice for since Monday seven-night he had notice of his Trial and the matters alledged against him he had notice of for Questions were put to him about this matter he hath been fairly dealt with he hath had the liberty of Counsel to advise him there hath been no sort of liberty denied him which becomes any Subject to have in this condition L. Ch. J. My Lord I do not know whether you hear Mr. Attorny He says your Lordship hath had a great deal of Favour shewn you already in that you have been acquainted with the Crimes for which you are now Indicted that you have had a great deal of warning given you that you have had the liberty of Counsel which hath not been known granted to any under your Lordships Circumstances He says he doubts not but your Lordship is prepared for your Defence because you have had so much knowledg and warning of the Time and Matter for which you were to be called in question L. Russel My Lord I am much to seek I only heard some general Questions and I have Witnesses that I believe are not yet in Town nor will be I believe till Night I think it very hard I can't have one day more Mr. Att. Gen. Monday seven-night your Lordship had notice L. Russel I did not know the matter I was charged with Mr. Att. Gen. Yes certainly for I was with you my self my Lord and those Questions you were examined upon were a Favour to you that you might know what the matter was you were accused of L. Ch. J. My Lord without the Kings consent we can't put off the Trial if the Kings Council think not fit to put it off we can't grant your Lordships Request in this Case L. Russel I would desire a Copy of the Pannel of the Jury that I might consider of it for how else can I make any just Challenge I thought the Law had been very favourable to Men upon their Lives and therefore it had allowed people to have some little notice L. Ch. J. Hath not your Lordship had a Copie of the Pannel I think your Lordship was allowed one We gave Order your Lordship should have a Copie of the Pannel Mr. Att. Gen. We did indulge him so far that he might have a Note of all the Men returned L. Russel I never had a Copie of the Pannel L. Ch. J. It was the fault of your Lordships Servants then for I gave Order for it my self 'T is such a favour that in regard a mans life lies at stake we never did deny it to my knowledge And therefore in this Case I gave order to the Secondary to deliver a Copie I know the King did not design to be hard upon my Lord in his Trial but that he should have as fair a Trial as ever any Noble
Guilty of this High Treason whereof he stands indicted or Not Guilty If you find him Guilty you shall inquire c. Mr. North. May it please your Lordship and you that are sworn The Prisoner at the Bar stands charged in this Indictment with no less than the Conspiring the Death of the Kings Majesty and that in order to the same he did with other Traitors named in the Indictment and others not known Novemb. 2. in the 34th Year of this King in the Parish of Bassishaw within the City of London meet and conspire together to bring our Soveraign Lord the King to death to raise War and Rebellion against him and to massacre his Subjects And in order to compass these wicked designs there being assembled did conclude to seise the Kings Guards and His Majesties Person This is the Charge the Defendent saies he is Not Guilty if we prove it upon him it will be your Duty to find it Mr. Att. Gen. My Lord and you Gentlemen of the Jurie most of our Evidence against this honorable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Grey Sir Thomas Armstrong and Mr. Ferguson they were the Council of State as I may call them to give forth directions for the general Rising that hath appeared was to have been within this Kingdom The Rising was of great concern and expence and must be managed by persons of interest prudence and great secresie These Gentlemen had frequent meetings in October and November last for then you may refresh your memories again was the general Rising to be and there they did consult how to manage the Rising they consulted how to seise the Kings Guards and this Noble person being mixed with these others especially with Ferguson who with others of an inferior rank was also ingaged in a Cabal for managing worser things though this is bad enough at several meetings they receive Messages from my Lord Shaftsbury touching the Rising They being looked upon as the persons that were to conclude and settle the time and all circumstances about it We shall make it appear to you in the course of our Evidence that those Underlings for this was the great Consult and moved all the other Wheels who managed the Assassination did take notice that these Lords Gentlemen of Quality were to manage and steer the whole business of the Rising It seems these Gentlemen could not give the Earl of Shaftsbury satisfaction to his mind for he pressed them to keep their day which was the 17. of November last But the honourable Person at the Bar and the rest made him this Answer That Mr. Trenchard had failed them for that he had promised to have 1000 Foot and 2 or 300 Horse at 4 hours warning but now it was come to pass he could not perform it that some Persons in the West would not join with them and therefore at this time they could not proceed and therefore they must defer the day And as a Council they sent my Lord Shaftsbury word he must be contented they had otherwise resolved and thereupon my Lord Shaftsbury went away and Mr. Ferguson with him To carrie on this practice they took others into their Council Sir Tho. Armstrong was lest out and there falling that Scandalous Report upon my Lord Grey he was to be left out and then there was to be a new Council of Six whereas the inferior Council to manage the Assassination was Seven At this Council there was this honourable Person at the Bar the Duke of Monmouth my Lord Howard and another honourable Person who I am sorry to name upon this account who hath this morning prevented the hand of Justice upon himself my Lord of Essex and Coll. Sidney and Mr. Hambden These Six had their frequent Consults at this honourable Persons house for they had excluded Sir Tho. Armstrong and my Lord Gray for these Gentlemen would have the Face of Religion and my Lord Gray was in their esteem so scandalous that they thought that would nor prevail with the people if he was of the Council There they debated how they should make this Rising after several Consultations they came to this Resolution That before they did fall upon this Rising they should have an exact accompt both of the time and method of the Scotch Rising and thereupon a Messenger was sent on purpose by Coll. Sidney viz. Aaron Smith to invite Scotch Commissioners to treat with these Noble Lords Pursuant to this just before the Plot brake out several from Scotland came to treat with them how to manage the work 30000 l. was demanded by the Scots in order that they should be ready in Scotland then they fell to 10000 and at last for the Scots love Mony they fell to 5000 which they would take and run all hazards but they not coming to their terms that broke off that week the Plot was discovered Gentlemen if we prove all these Instances besides we shall call some to shew you that all the inferior Party still looked upon these to be the Heads and tho' they kept it secret God hath suffered it to come to light with as plain an Evidence as ever was heard Sir Geo. Jeff. I will not take up any of your Lordships time we will call our Witnesses to prove the Fact Mr. Attorney hath opened Swear Collonel Romsey which was done Pray Collonel Romsey will you give my Lord and the Jury an Accompt from the beginning to the end of the several Meetings that were and what was the Debates of those Meetings Col. Romsey My Lord I was at my Lord Shaftsbury's Lodging where he lay down by Wapping about the latter end of October or the beginning of Novemb. and he told me there was met at one Mr. Sheppards house the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and he desired me to speak to them to know what resolution they were come to about the Rising of Taunton I did go there accordingly and call for Mr. Sheppard and he carried me up where they were and the Answer that was there made me was That Mr. Trenchard had sailed them and there would be no more done in the matter at that time Mr. Att. Gen. Tell the whole passage Col. Romsey I did say my Lord Shaftsbury had sent me to know what resolution they had taken about the rising of Taunton They made me this answer that Mr. Trenchard had failed them that he had promised 1000 Foot and 300 Horse but when he came to perform it he could not He thought the people would not meddle unless they had some time to make provision for their Families L. Ch. Just Who had you this Message from Col. Romsey Mr. Ferguson did speak most of it L. Ch. Just Who sent this Message back Col. Romsey Mr. Ferguson made the Answer my Lord Russel and the Duke of Monmouth were present and I think my Lord Gray did say something
was upon no formed design only to talk of News and talk of things in general L. Ch. J. But I will tell you what it is he testifies that comes nearest your Lordship that so you may consider of it if you will ask any Questions He says after my Lord Shaftsbury went off all before is but inducement as to any thing that concerns your Lordship and does not particularly touch you after his going away he says the Party concerned with my Lord Shaftsbury did think fit to make choice of six Persons to carry on the Design of an Insurrection or Rising as he calls it in the Kingdom And that to that purpose choice was made of the Duke of Monmouth my Lord of Essex your Lordship my Lord Howard Colonel Sidney and Mr. Hambden L. Russel Pray my Lord not to interrupt you by what Party I know no Party were they chosen L. Howard 'T is very true we were not Chosen by Community but did Erect our selves by mutual Agreement one with another into this Society L. Russel We were People that did meet very often L. Ch. Just Will your Lordship please to have any other Questions asked of my Lord Howard L. Russel He says it was a formed Design when we met about no such thing L. C. J. He says That you did consult among your selves about the Raising of Men and where the Rising should first be whether in the City of London or in more foreign parts that you had several Debates concerning it he does make mention of some of the Duke of Monmouths Arguments for its being formed in places from the City he says you did all agree not to do any thing further in it till you had considered how to raise Mony and Arms and to ingage the Kingdom of Scotland in this Business with you that it was agreed among you that a Messenger should be sent into the Kingdom of Scotland Thus far he goes upon his own Knowledg as he saith what he says after of sending a Messenger is by Report only Mr. Att. Gen. I beg your pardon my Lord. L. Ch. Just 'T is so That what he heard concerning the sending of Aaron Smith Mr. Att. Gen. Will you ask him any Questions L. Russel We met but there was no Debate of any such thing nor putting any thing in method But my Lord Howard is a Man hath a voluble Tongue talks very well and is full of Discourse and we were delighted to hear him Mr. Att. Gen. I think your Lordship did mention the Campbells L. Howard I did stammer it out but not without a Parenthesis it was a person of the Alliance and I thought of the Name of the Argyles L. Russel I desire your Lordship to take notice that none of these Men I ever saw my Lord Melvile I have seen but not upon this account Mr. Atterbury sworn Mr. Att. Gen. Aaron Smith did go and Campbell he went for is here taken This is the Messenger Pray what do you know of the Apprehending of the Campbells Mr. Atterbury If it please your Lordship I did not apprehend Sir Hugh Campbell my self but he is now in my Custody he was making his Escape out of a Woodmongers House both he and his Son Mr. Att. Gen. How long did he own he had been at London Mr. Atterbury Four Days and that in that time he had been at three Lodgings and that he and his Son and one Baily came to Town together Mr. Att. Gen. My Lord we shall besides this now we have fixed this upon my Lord give you an account that these Persons that were to rise always took them as their Pay masters and expected their Assistance Mr. West Mr. Keeling and Mr. Leigh Mr. West sworn Mr. Att. Gen. That which I call you to is to know whether or no in your managery of this Plot you understood any of the Lords were concerned and which Mr. West My Lord as to my Lord Russel I never had any Conversation with him at all but that I have heard in this That in the Insurrection in November Mr. Ferguson and Colonel Romsey did tell me that my Lord Russel intended to go down and take his Post in the West when Mr. Trenchard had failed them L. Ch. Just What is this Mr. Att. Gen. We have proved my Lord privy to the Consults now we go about to prove the Under-Acters did know it Mr. West They always said my Lord Russel was the Man they most depended upon because he was a person looked upon as of great Sobriety L. Russel Can I hinder people from making use of my Name To have this brought to influence the Gentlemen of the Jury and inflame them against me is hard L. Ch. J. As to this the giving Evidence by hear-say will not be Evidence what Colonel Romsey or Mr. Ferguson told Mr. West is no Evidence Mr. Att. Gen. 'T is not Evidence to convict a man if there were not plain Evidence before but it plainly confirms what the other swears But I think we need no more Sir Geo. Jeff. We have Evidence without it and will not use any thing of Garniture we will leave it as 't is we won't trouble your Lordship any further I think Mr. Attorney we have done with our Evidence L. Ch. J. My Lord Russel the Kings Counsel do think to rest upon this Evidence that they have given against your Lordship I would put your Lordship in mind of those things that are material in this Case and proved against your Lordship Here is Colonel Romsey does prove against your Lordship this That he was sent upon an Errand which in truth was Traiterous it was a Traiterous Errand sent from my Lord Shaftsbury by him to that Meeting He does swear your Lordship was at that Meeting and he delivered his Errand to them which was to know what account could be given concerning the Design of the Insurrection at Taunton and he says your Lordship being there this Return was made That Mr. Trenchard had sailed them in his Undertaking in the Business and therefore my Lord Shaftsbury must be contented and sit down satisfied as to that time Mr. Sheppard does likewise speak of the same time that your Lordship was there with the rest of the Persons the Duke and others That there was a Discourse concerning an Insurrection to have been made though he is not so particular as to the very Notion of it as Colonel Romsey is as to the time they do agree L. Russel Col. Romsey is not positive that I said or heard any thing L. Ch. J. My Lord If you will have a little patience to hear me I will tell you what it is presses you there is this which I have mentioned and Mr. Sheppard does say there was a Paper purporting a Declaration then Read among the Company there which was to be printed upon the Rising setting forth the Oppressions and Grievances of the Nation And then my Lord Howard after a great discourse concerning the many designs
of my Lord Shaftsbury comes particularly to your Lordship and says that Six of you as a chosen Councel among your selves not that you were actually chosen but as a chosen Counsel among your selves did undertake to manage the great matter of the Insurrection and Raising of Men in order to surprize the Kings Guards and for to Rise which is a Rebellion in the Nation He says that you had several Consults concerning it I told you the several particulars of those Consults he mentioned Now it is fit for your Lordship and 't is your time to give some answer to these things L. Russel My Lord I cannot but think my self mighty unfortunate to stand here charged with so High and Hainous a Crime and that intricated and intermixed with the Treasons and horrid Practises and Speeches of other People the Kings Council taking all advantages and improving and heightning things against me I am no Lawyer a very unready speaker and altogether a stranger to things of this Nature and alone and without Councel Truly my Lord I am very sensible I am not so provided to make my just defence as otherwise I should do But my Lord you are equal and the Gentlemen of the Jury I think are Men of Consciences they are Strangers to me and I hope they value Innocent Blood and will consider the Witnesses that Swear against me Swear to save their own Lives for howsoever Legal Witnesses they may be accounted they can't be Credible And for Col. Romsey who it's notoriously known hath been so Highly Obliged by the King and the Duke for him to be capable of such a design of Murdering the King I think no body will wonder if to save his own Life he will endeavour to take away mine neither does he Swear enough to do it And then if he did the Time by the 13th of this King is Elapsed it must be as I understand by the Law Prosecuted within 6 Months and by the 25 E. 3. a design of Levying War is no Treason unless by some overt Act it appear And my Lord I desire to know what Statute I am to be Tried upon for Generals I think are not to be gone upon in these Cases L. Ch. J. To the Attorney General Mr. Attorney You hear what it is my Lord Objects to this Evidence He says that as to those Witnesses that Testify any thing concerning him above six Months before he was Prosecuted he conceives the Act of Parliament upon which he takes himself to be Indicted does not extend to it for that says that within six Moneths there ought to have been a Prosecution and my Lord tells you that he is advised that a design of Levying War without actual Levying of War was not Treason before that Statute Mr. Att. Gen. To satisfy my Lord He is not Indicted upon that Statute We go upon the 25 E. 3. But then for the next Objection surely my Lord is informed wrong To Raise a Rebellion or a Conspiracy within the Kingdom is it not that which is called Levying of War in that Statute but to Raise a Number of men to break Prisons c. Which is not so directly tending against the Life of the King To prepare Forces to Fight against the King that is a design within that Statute to Kill the King And to design to depose the King to imprison the King to raise the Subjects against the King these have been setled by several Resolutions to be within that Statute and Evidences of a Design of killing the King L. Russel My Lord This is matter of Law Neither was there but one Meeting at Mr. Sheppards House Mr. Att. Gen. My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence stands There is one Evidence since Christmas last L. Russel That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. Att. Gen. If there be one Witness of one Act of Treason and another of a second another of a third that manifest the same Treason to depose or destroy the King that will be sufficient L. Ch. J. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of E. 6. Sir G. Jeff. If my Lord will call his Witness L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. Ch. Just If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think 't is not Punishable by that Act. I desire Counsel may be admitted upon so nice a Point My Life lies at stake here 's but one Witness that speaks of a Message Sir Geo. Jeff. The Fact must be lest to the Jury Therefore if my Lord Russel hath any Witnesses to call in opposition to these matters let him L.C.J. My Lord there can be no matter of Law but upon a Fact admitted and stated L. Russel My Lord I do not think it proved I hope you will be of Counsel for me 't is very hard for me that my Counsel may not speak for me in a point of Law L. Ch. Just My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russel I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witness to the matter of Fact L. Russel 'T is very hard a man must lose his life upon hear-say Col. Romsey says he brought a Message which I will swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and seven months ago Mr. Att. Gen. My Lord if there be any thing that is Law you shall have it L. Russel My Lord Colonel Romsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not stay above a quarter of an hour tasting Sherry
with Mr. Sheppard L. Ch. Just Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. Cro. Whereas divers Opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Violate the Kings Compagnion or the Kings eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a Man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or else where and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfite the Kings Great or Privy Seal or his Mony and if a Man bring false Mony into this Realm counterfite to the Mony of England as the Mony called Lushburgh or other like to the said Mony of England Knowing the Mony to be false to Merchandise or make Payment in deceit of our said Lord the King and of his People and if a Man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of Assise and all other Iustices designed to hear and determin being in their Places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just My Lord That which is urged against you by the Kings Council is this You are excused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your Compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L Russel It is in a Point of Law and I desire Counsel Mr. Att. Gen. Admit your Consultations and we will hear them L. Ch. J. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russel has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Col. Romsey and my Lord Howard have deposed whether then this be Treason we can hear your Counsel to nothing else L. Russel I do not know how to answer it The point methinks must be quite otherwise that there should be Two Witnesses to one and the same time Mr. Att. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russel It was to the same point Mr. Att. Gen. To the general point the lopping point Sir Geo. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. J. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you contradict them by Testimony it will be taken to be a Proof And the way you have to disprove them is to call Witnesses or by asking Questions whereby it may appear to be untrue Mr. Sol. Gen. If you have any Witnesses call them my Lord. L. Russel I do not think they have proved it But then it appears by the Statute that Levying War is Treason but a Conspiracy to levy War is no Treason if nothing be done 't is not Levying War within the Statute There must be manifest Proof of the matter of Fact not by inference Mr. Att. Gen. I see that is taken out of my Lord Coke Levying War is a distinct branch of the Statute and my Lord Coke explains himself afterwards and says 't is an Assuming of Royal Power to Raise for particular puposes Just Wythins Unless matter of Fact be agreed we can never come to argue the Law L. Russel I came in late Mr. Sol. Gen. Pray my Lord has your Lordship any Witnesses to call as to this matter of Fact L. Russel I can prove I was out of Town when one of the Meetings was but Mr. Sheppard can't recollect the Day for I was out of Town all that time I never was but once at Mr. Sheppards and there was nothing undertaken of viewing the Guards while I was there Colonel Romsey Can you swear positively that I heard the Message and gave any Answer to it L. C. Just To Colonel Romsey Sir did my Lord Russel hear you when you delivered the Message to the Company were they at the Table or where were they Col. Romsey When I came in they were standing at the Fire side but they all came from the Fire-side to hear what I said L. Russel Colonel Romsey was there when I came in Col. Romsey No my Lord. The Duke of Monmouth and my Lord Russel went away together and my Lord Gray and Sir Thomas Armstrong L. Russel The Duke of Monmouth and I came together and you were standing at the Chimney when I came in you were there before me My Lord Howard hath made a long Narrative here of what he knew I do not know when he made it or when he did recollect any thing 't is but very lately that he did declare and protest to several people That he knew nothing against me nor of any Plot I could in the least be questioned for L. C. J. If you will have any Witnesses called to that you shall my Lord. L. Russel My Lord Anglesey and Mr. Edward Howard My Lord Anglesey stood up L.C. J. My Lord Russel what do you ask my Lord Anglesey L. Russel To declare what my Lord Howard told him about me since I was confined L. Anglesey My Lord I chanced to be in Town the last Week and hearing my Lord of Bedford was in some Distress and Trouble concerning the Affliction of his Son I went to give him a Visit being my old acquaintance of some 53 years standing I believe for my Lord and I were bred together at Magdalen Colledge in Oxon. I had not been there but a very little while and vvas ready to go avvay again after I had done the good Office I came about but my Lord Howard came in I don't know whether he be here L. Howard Yes here I am to serve your Lordship L. Anglesey And sat down on the other side of my Lord of Bedford and he began to comfort my Lord and the Arguments he used for his Comfort vvere My Lord
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. Hambdens House the other at my Lord Russels 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 join 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 Kings 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 concern'd 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 Kings 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 surprise the Kings Guards which say they can have no other end but to seise and destroy the King and 't is a great evidence if my Lord Russel did design to seise the Kings Guards and make an Insurrection in the Kingdom of a design for to surprise the Kings Person It must be lest 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 seise his Guards which is urged as an evidence and surely is in it self an evidence to seise and destroy the King Upon this whole matter this is left to 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 of the Clock in the Afternoon when the Jury brought the said Lord Russel in Guilty of the said High Treason Saturday 14th July My Lord Russel was brought to the Barr. Cl. of Cr. WIlliam Russel Esq hold up thy Hand which he did Thou hast been Indicted for High Treason against our Sovereign Lord the King and thereupon hast pleaded Not Guilty and for thy Trial hast put thy self upon the Country which Country has found thee Guilty What canst thou say for thy self why Iudgment of Death should not pass upon thee according to the Law L. Russel Mr. Recorder I should be very glad to hear the Indictment read Mr. Att. Gen. You may read it Cl. of Cr. Will you have it read in Latin or English L. Russel In English The Clerk read to the words of Conspiring the Death of the King L. Russel Hold I thought I had not been charged in the Indictment as it is of Compassing and Conspiring the Death of the King Mr. Att. Gen. Yes my Lord L. Russel But Mr. Recorder If all that the Witnesses swore against me be true I appeal to you and the Court I appeal to you whether I am Guilty within the Statute of 25 E. 3. they having sworn a Conspiracy to levy War but no intention of Killing the King And therefore I think truly Judgment ought not to pass upon me for Conspiring the death of the King of which there was no proof by any one Witness Mr. Att. Gen. That is no Exception Mr. Recorder My Lord that was an Exception proper and as I think you did make it before the Verdict whether the Evidence does amount to prove the Charge that is proper to be observed to the Jury for if the Evidence come short of the Indictment they can't find it to be a true Charge But when the Jury has found it their Verdict does pass for truth We are bound by the Verdict as well as your Lordship we are to go by what the Jury have found not their Evidence L. Russel Without any proof Mr. Recorder The Jury must be governed by their Evidence L. Russel I think it very hard I must be condemned upon a point that there was not one thing of it sworn therefore I think I may very legally demand Arrest of Judgment Mr. Recorder I hope your Lordship will consider 't is not the Court can give a Verdict it must be the Jury I believe their is no body in the Court does delight in giving such Judgments especially against your Lordship The Verdict is found and the Kings Attorney General on behalf of the King does demand it Mr. Att. Gen. I do demand Judgment of the Court against the Prisoner Proclamation was made for silence while Judgment was giving Mr. Recorder My Lord Russel your Lordship hath been Indicted and Tried and found Guilty of High Treason the greatest of Crimes your Quality is great and your Crime is great And I hope and expect that your behaviour and preparation in this Condition will be proportionable My Lord it is the Duty of the Witnesses to give Evidence according to Truth it is the Duty of the Jury to proceed according to Evidence and 't is the Duty of the Court to give Evidence according to the Verdict It is the Kings pleasure signified by his Attorny General to demand Judgment against your Lordship according to this Verdict and therefore my Lord I shall not delay it with any further circumlocution The Judgment the Law hath provided and is the Duty of the Court to give is That you be carried back again to the place from whence you came and from thence be drawn upon an Hurdle to the place of Execution where you shall be hanged by the neck but cut down alive your Entrals and Privy Members cut from your Body and burnt in your sight your Head to be severed from your Body and your Body divided into four Parts and disposed at the Kings pleasure And the Lord have Mercy upon your Soul FINIS London
Ferguson that was the person he kept company with the Reverend Dean and the rest of the Clergy of the Church of England they were not fit to be trusted with it but this Independent Person Ferguson he gives notice of the coming of the persons and in pursuance of this notice they all come they come late in the Evening not in the posture and quality they use to go for you find they had not so much as a Coach Is it probable they came to tast Wine Wherefore did they go up into a room Wherefore did they order Mr. Sheppard that none of the Boys should come up but that the Master must fetch the Sugar and Wine himself wherefore you may perceive the Action they were upon there were only to be such persons as had an affection for such a cause You find pursuant to what Col. Romsey says that there was a direction to take a view of the Guards that Sir Tho. Armstrong comes back and makes this Report says he I have taken notice they are in such an idle careless posture that it is not impossible to surprize them This Mr. Sheppard he does not come nor does he appear to you to come here out of any vindictive humor to do the Prisoner at the Bar any hurt In the next place we have my Lord Howard he comes and positively tells you after he had given an account for you observe there were two parts to be acted in this horrid Tragedy there was first the Scoundrel sort of People were to be concerned to take away the Life of the King and the Duke the Great Persons were to head the Party in the Rising they put themselves in proper postures each of them consenting to something of the Surprize in as much as you observe that Sir Thomas Armstrong and some other Persons might not be trusted They come and resolve themselves out of a General Council and they meet in a particular Council of Six looking upon themselves as the Heads of the Party And I must tell you many of them we live not in an age of such obscurity but we know them how fond have they been of the applause of the people As that person encouraged himself yesterday they were Liberatores Patriae that could Murder the King and the Duke My Lord I must take notice that this noble Lord is known to have an intimacy with him you observe with how much tenderness he is pleased to deliver himself how carefully he reports the Debates of the particular Consults of the persons to be intrusted in the management he tells you that Noble Lord the Prisoner at the Bar was pitched upon and Algernoon Sidney a man Famous about the Town for what To call in Parties from some of his Majesties other Dominions persons we know ripe enough for Rebellion to assist Pursuant to this you find persons sent of a Message for some to come over whereof some are in hold So that for all dark and obscure sort of matters nothing can be better brought to light than this of taking all matters together with the concurring Circumstances of Time and Place Gentlemen I must confess this Noble Lord hath given an account by several Honourable persons of his Conversation which is a very easie matter Do you think if any man had a design to raise a Rebellion against the Crown that he would talk of it to the Reverend Divines and the Noble Lords that are known to be of Integrity to the Crown Do you think the Gentleman at the Bar would have 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 mercifull 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. Romsey he does attest a Meeting at Mr. Sheppards 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 Taunton 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 at 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 17 th upon the day of Qu. Elizabeths 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 surprised 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