it was committed to Mr. Sidney to send some fit Person into Scotland to treat with the Male-Contents there and the better to carry on this joynt Design some of them were to come up to London And they were to have a pretence to treat about going to Carolina and the purchasing some Shares in the Plantation there of which my Lord Shaftsbury was a chief Governour We shall prove to you Gentlemen besides all that I have opened That the Person to whom that trust was committed Mr. Sidney according to the Duty that he had taken upon him does employ one Aaron Smith which all that know him do know him to be a fit Engine for such Counsellors and a fit Instrument for such a Conspiracy We shall prove he actually was in Scotland and that he went into Scotland upon this Errand And then we shall prove That those Gentlemen that were sent to and were the Persons named in their Consults to be treated with came here soon after to Town and as soon as ever this Plot was discovered they fled and absconded themselves Gentlemen If we shall prove all this matter to you I think it will be without any Question clear that this Gentleman is notoriously Guilty of this High Misdemeanour And indeed if you observe it one of the Persons has given Judgment against himself the Earl of Essex But the Party have been so diligent and officious as to fling that upon the Government but that matter we shall have before the Court in Judgment to morrow For two of the others they have received the Judgment of the Law for two more of them the King has been pleased to take them into his Mercy the one is my Lord Howard who is summoned to appear here to day the other is the Duke of Monmouth who has confessed all this matter and has taken his Pardon and we have Summoned him also to be here this day that the World if they will have their Eyes opened I mean the discontented World may see there is nothing sought but the Peace and Quieting of the Kingdom Gentlemen If we prove all this matter to you I shall be glad to hear the Defence of the Counsel and the Defence made by Witnesses upon Oath Mr. Sol. Gen. My Lord we will call our Witnesses and first we begin with the Duke of Monmouth Mr. Att. Gen. Call James Duke of Monmouth Cryer James Duke of Monmouth Mr. Att. Gen. Call him again Cryer James Duke of Monmouth L. Ch. Just Was he served with a Subpoena Mr. Att. Gen. My Lord we will prove we have served him in all places where he was like to be met with That we left Subpoenas with his Servants who promised to deliver them to him L. Ch. Just Prove it Mr. Att. Gen. Where is Mr. Atterbury Swear him which was done Pray will you give the Court an account Whether you did serve the D. of Monmouth with any Subpoena In what places you were to serve him and who you left it with Mr. Atterb My Lord On Fryday last was Seven-night I was commanded by Mr. Attorney General to carry a Subpoena to serve upon the Duke of Monmouth and to go to his House at Moor Parke where it was generally discoursed he was I did go and take a Subpoena from Mr. Burton by Mr. Attorney's Order and went to the Duke's House at Moor Parke When I came there the outward Gate was locked and I went to an House where the Keys are kept and having got the Keys I went down to the House and I saw there one of his Servants fothering of Cattle and coming up to him I asked him if the Duke of Monmouth was in the House He told me he could not well tell whether he was or not but he thought he was gone to London for he saw the Calash and 5 or 6 Horsemen with it and they said in the House that it was the Duke that was gone to London I asked if there were any Servants that were nearer to his Grace in the House that I might speak with They said Yes there was the House-keeper or Steward one Mr. Rawkins that attended upon the Duke I desired to speak with him and he came out to me I asked him if the Duke was there He seemed to be unwilling to give me an answer I asked him the second time but he did not say he was or he was not I told him then I had a Subpoena which I brought with me by Mr. Attorney General 's Order to serve upon his Grace which was to require him to attend here this day to testifie his Knowledge in a Case between the King and Mr. Hambden He told me Sir said he give me your Subpoena and I will take care the Duke shall have it He took it of me and I came back to London presently Assoon as I came to Town I had a second Subpena given me to serve upon his Grace with which I went to the Dukes House at the Cock-pit When I came there I spake with the Porter I think his Name is Johnson bâ—â— the Porter he is and I remember him a Servant there many years I asked him if the Duke were there He told me he did not lodge there I told him I had a Subpoena to serve upon his Grace to appear as this day the same as I said at Moor Park Says he Mr. Atterbury I will take care the Duke shall have it to night or to morrow morning early L. Ch. Just When was this Mr. Atterbury It was of the same day Friday was seven-night last I was told afterwards by one that I met with that the Duke did lodge at Mr. Row's House who is a Servant to the Duke one of his Gentlemen He lives in the Pall Mall 't is either his House or his Lodging but they call it his House I had a 3 d Subpoena given me to the same effect And when I came there I asked for the Duke and a Woman came to the Door Mrs. Manley I think they call her she seemed to make little answer to what I said Said I Pray will you give this Subpoena to the Duke or to Mr. Row to give it the Duke She took it of me and said she would give it Mr. Row certainly to give to the Duke And yesterday or the day before I met Mr. Row at White-Hall and says he to me Mr. Atterbury you brought a Subpoena to my House a little while ago Yes Sir said I I did had you it Yes I had the Subpoena says he Then says I I hope you gave the Duke it To that he made me no answer but nodded his head and smiled and went away L. Ch. Just Now call his Grace again Cryer James Duke of Monmouth But he did not appear Mr. Att. Gen. Call William Lord Howard who was in the Court Pray swear my Lord Howard which was done Mr. Att. Gen. My Lord Howard Pray will you be pleased to give the Court and the Jury an account
say it was L. Howard Yes Mr. Att. Gen. What Resolution did you come to then L. Howard Then we came to a Resolution that some Body should be sent and we began to discourse who was sit and Col. Sidney he propounded Aaron Smith to some of the Company he was known to others not but those that did know him did approve of him as a fit Person Mr. Att. Gen. To whose Province was that comitted of sending this Person into Scotland L. Howard Col. Sidney undertook it himself Mr. Att. Gen. Did the rest consent to it L. Howard Yes no body did oppose it but left it to him L. C. J. Did you Name the Person then that was to go L. Howard He was not so named as to be with any solemnity approved or disproved but it was left to Col. Sidney to manage it and he naming Smith as a fit Person he told us that by the by not to put it to the Question for our Approbation and some of us knew the Person others did not I was one that did know him and did think him a very fit Man to send L. C. J. Pray my Lord who was the Person Be pleased to tell the Jury so as they may know it L. Howard Aaron Smith Mr. J. Withins Had you any discourse with Col. Sidney my Lord afterwards that he was sent L. Howard Yes my Lord. L. C. J. Pray give an account of that L. Howard About three or four days after this Meeting at my Lord Russels I went to Visit Col. Sidney at his House and while I was there in the Room he went to his Cabinet and out of a Drawer where there was five or six hundred pound in Gold as I could guess he took a good many pieces I do not know directly how many but he took out so many as he said was threescore Guineys that he was going to carry to Aaron Smith I went not in my own Coach and therefore went away with him in his Coach and he set me down at Southampton Street at my own Lodging I went no further but he did and he told me afterwards it was conveyed to him and that he did go L. C. J. How long was that after your second Meeting at my Lord Russels where you say you intrusted Col. Sidney to send one into Scotland L. Howard I think it may be less then a Week four or five days that I saw him carry the Money After this he said he had given him this Money and was gone And when he was dispatched in a Week after I was making enquiries after him and Col. Sidney said he had not heard of him since he went away but about a fortnight or three Weeks Col. Sidney said he had heard of him That he was at New-Castle and stay'd there but he wondered he could hear no more of him I then went into Essex and when I came back from thence he told me he was come but I had never seen him not to this day indeed I had once appointed a Meeting with him at Mr. West's Chamber but something or other happened we did not meet Mr. Att. Gen. We have done with my Lord Howard if they will ask him any Questions they may L. Ch. J. They know their time when the Kings Attorney has done with any Witness then they may examine him if they please If they will not call your other Witnesses Mr. Att. Gen. Will you ask him any Questions Mr. Jones No no by advice they are to ask him nothing Mr. Att. Gen. We shall give your Lordship and the Jury an account in the next place that we have traced Aaron Smith into Scotland And for that we shall call some Witnesses which indeed we did not produce before at any Tryal because we had not then discovered so much We shall bring you the Person at whose House he lay at New-Castle and the very Messenger that was sent with him to conduct him a by-way into Scotland Call Sheriffe and Bell. L. C. J. Look you Gentlemen You that are at the Bar there you must let the Jury stand by themselves I see there are a great many others intermingled with them and you Gentlemen of the Jury If any whisperer talk to you we expect that you should tell us who they are for we will suffer no remarks to be made but what are openly made to the Court and the Jury by the Counsel of both sides Mr. Att. Gen. Swear Sheriffe and Bell which was done M. Williams What is this Man's Name Mr. Att. Friend what is your Name Witness My Name is Sheriffe Mr. At. Gen. Pray give my Lord and the Jury an account What you know of any Person that lay at your house some time since and whether you have seen him since My Lord this Gentleman did not know Aaron Smith before and therefore I desire Mr. Atterbury may be called and examined again Mr. Atterbury do you know Aaron Smith Mr. Atterbury Yes I know him very well Mr. Att. Gen. Had this Gentleman a view of Aaron Smith Mr. Atterbury Yes he had He was brought where Aaron Smith was and this other Person was by before him too and I was by when they had a view of him Mr. Att. Gen. Now pray give an accompt what you know of the man you saw Mr. Sol. Gen. Where is Aaron Smith Mr. Atterbury He is in the Kings Bench Prison and he was brought by Habeas Corpus to White-hall before the King where these two persons were brought likewise and there this man Sheriffe did own that Aaron Smith was the man that was at his house and the other Bell owned that he travelled towards Scotland with him and that he was hired to shew him the way into Scotland Mr. Att. Gen. Did Aaron Smith say any thing Mr. Atterbury He would not Answer any thing at all nor say a word Mr. Att. Gen. Pray give an account Mr. Sheriffe who it was that lay at your House and when it was and what he said was his Business and by what name he went Mr. Sheriffe Indeed his Business I did not know but he was at our House about the middle of February it was there abouts L. C. J. When was it what February Mr. Sheriffe The last February Mr. Att. Gen. You say he was at your House last February pray tell the Court where that is Mr. Sheriff At New-castle Mr. Att. Gen Do you keep any Inn there Mr. Sheriffe Yes Mr. Att. Gen. What Sign Mr. Sheriffe The Sign of the Black-spread Eagle Mr. Att. Gen. And what did he do there Mr. Sheriffe He stayed there one Night and went away and returned again in twelve days or thereabouts and came to my House again Mr. Att. Gen. Whither did he go from you Mr. Sheriffe He went Southward as I suppose I know no further Mr. Att. Gen. But when he first came to your House which way went he Mr. Sheriffe He went Northward towards Scotland as he himself said And desired to have one to
Arguments and reasonable Inductions out of the Evidence that this Gentleman the Defendant is not guilty of what he is charged with In the first place we shall observe upon the Testimony of my Lord Howard that as to some things he is very Positive and Particular He has an Incomparable Memory and speaks particularly to Persons particularly to Places particularly to Times But Gentlemen as to that which is the principal part of his Evidence and which most affects the Defendant and wherein it concernes us to contradict or disprove him he is wanting as to that Circumstance of Time He that is so exact in his Memory as to other Circumstances is not positive nor any thing like positive as to the Times of the Meeting For they would imagine that the first Meeting the Defendant was concerned in was at his own house He describes the House and the Place very exactly but as for the Time he only sayes it was about the middle of January He carries other things in his memory positively and whether it might not be expected in a Case so remarkable as this and which so nearly and highly concerned himself that he should be as particular in the Time as he is in other things you may rationally judge His Lordship sometimes is very particular as to Time He tells you in his Relation about my Lord Shaftsbury that his going to him was on the Saturday after Michaelmasday and then he pursues it to the Second and Third of October He is positive to many several Days upon which I would observe that he being particular to a Day as to other things may well be expected to be ready if it be true to be as particular as to the Time of this Meeting But therein he is to seek he is doubtful as to that And you must give us leave Gentlemen to make this Observation That since he will not be particular to that Time we do apprehend that he gives himself a little Loose that we may not meet with him to contradict him in that Circumstance For if he should be positive therein as he is in the other matters that concern not the Defendant we might perhaps by clear pregnant Circumstances contradict if not disprove his Lordship that it is not probable if possible it should be true what he affirmes But Gentlemen we must answer it as well as we can and since he is so Cautious we must meet him by Arguments in another way Another thing we should observe upon my Lords Evidence is this That my Lord tho he be particular as to many Facts and things relating to my Lord Shaftsbury where he names other particular Persons I think Coll. Romsey and Walcot and names the particular Discourses particularly instancing in them between him and my Lord of Shaftsbury between him and Walcot and between him and other Persons yet he has not made use of any one Circumstance of Fact in this Case of the Defendant's now before you that does justify what he has said save only that of Aaron Smith not any one Circumstance of Fact So that there is no more than the bare Saying of what my Lord Howard is pleased to deliver no more than his Oath nay no more than his Observation and Inference of much of what passed in the Company of several persons without any concurring Circumstances in Fact to Justify or Confirm his Testimony It might have been an easy matter if all that my Lord Howard sayes was true that there was such a Meeting at Mr. Hambden's House by such and such Persons to prove that such Persons or some of them met there But that there should be no Person to prove that these Gentlemen or any of them were there nor any other Fact or Circumstance in the world to go along with my Lord Howard to justify his Asseveration is very wonderful and may well make it doubtful that it should not be true And the rather Gentlemen if it be true as my Lord Howard would have it because there was a second Meeting of all these persons at my Lord Russel's which was so publick and open a place and yet no man to Concur or go along with my Lord Howard in any one thing no particular Fact assigned to justify his Testimony as to this Meeting is strange if it be true So then Gentlemen there is no more than what my Lord Howard has Sworn without any one Circumstance to back it to prove the Defendant Guilty My Lord taking this upon the main of my Lord Howards Evidence it will be pretty hard too upon the nature of the Fact that he is pleased to prove against this Gentleman to make an Answer to it And truly I think as hard for you to believe it Gentlemen He would imagine That there should be men Raised men Armed a discourse of Money and this done as he would have it about the middle of January and yet nothing at all done though there appears no manner of Discovery of this very evil Contrivance till about July Neither is there any thing done in order to the Raising of Men the Arming of Men or the levying of Money all this while So that there is no one Fact of any kind whatsoever that goes along with what my Lord Howard has said My Lord and Gentlemen Another thing we would desire to observe is this and here we shall begin with what we have to say as to our own Arguments and Circumstances that we have to take off from the Testimony of my Lord Howard in this case In the first place it appears by the Evidence of my Lord Howard That he was very deep in a Conspiracy against the Government and to make a disturbance in the Kingdom long before this that he now speaks of against the Defendant that is plain enough for he tells you That my Lord Shaftesbury and He at Michaelmass were contriving of Projects to Overturn the Government and raise a Rebellion It appears plainly by his Evidence That my Lord Shaftesbury when he left his house was resolved upon it and my Lord Howard was very Solicitous to carry on the same Design nay he was so Active in it that he tells you That he did create Messages between my Lord of Shaftesbury and the Duke of Monmouth and would needs go by a false insinuation of his own to draw in the Duke of Monmouth by telling his Grace his Information he had from Walcot and not saying he came from my Lord Shaftesbury with whom he says he had been discoursing but he would put it under some sort of Disguise the better to prevail So that it appears my Lord was very Criminal and Guilty in this Case Why then Gentlemen my Lord being so highly Criminal and there being a Discovery of this Conspiracy by Keiling and Romsey and West having made a more manifest Discovery and this happening in July Then it was high time my Lord Howard might conceive for him to Secure himself and save one he being thus
any thing else Men have died for the Truth and we Look upon those as Martyrs and the best of Martyrs that dye for the Truth Now that this Noble Lord or that any man should call this a Drudgery which is so manifest a Duty by giving a true Testimony to preserve the King's Life and support the Government against the Contrivance and Conspiracies of Evil men is but an odd Insinuation and truly I think is rather to be taken in this sense as to my Lord That he did strain a little to make his Discovery the more profitable to him and so did say more so far I may safely go then any one else did say And my Lord This is that that I would observe upon the first part of the Evidence As for that part that Concerns Aaron Smith the Evidence given by Sheriffe and Bell I submit that to your Lordship how far that can any way affect Mr. Hambden the Defendant It is introduced to Fortify the Testimony of my Lord Howard and it is introduced by himself thus That at their Meeting at Mr. Hambden's House there was a Discourse of some Assistance to be had from Scotland but sayes he at the second Meeting at my Lord Russels then it came to a further discourse and Collonel Sidney did undertake to name a Person to send thither and a Person was named he does not say Mr. Hambden was concerned in it or that Mr. Hambden named the man or any thing particular as to Mr. Hambden more then that he was in the Company Mr. Hambden had no hand in the undertaking or sending him into Scotland that was altogether the part of Mr. Sidney save this that he sayes my Lord Russel Writ the Letter that was to go by him It does not appear Mr. Hambden was at all concerned in it but only was there L. C. Just And consented to it Mr. Williams I would not strain any thing my Lord further than the Evidence is L. C. Just Nor do not Misrepeat it neither Mr. Williams I design not any such thing my Lord. L. C. Just But you do though For he Swears it every one of them consented Mr. Williams By silence it must be then For he does not say That he said any thing He Swears only Collonel Sidney undertook to manage it to send a Person and my Lord Russel to write the Letter L. C. Just And all the rest Consented to it Mr. Williams What is meant by Consent when nothing was said I must leave to the Jury I must agree the L. Howard did Swear that my Clyent was in their Company but how far he did or did not Consent does not at all appear and how far this will Charge my Clyent I must leave to you Gentlemen But the Proof as to this matter stands thus that Aaron Smith was at New-Castle in February last that he went publickly Now my Lord Howard sayes that he went to agitate a Confederacy between the Malecontents of Scotland and those in England Now it is strange that a man that was to agitate such a Concern should go publickly with a Servant to New-Castle so publickly as to be known again and of his own accord tell them he was going to such a place in Scotland And be it so in Fact Will any man apply this to any thing was done before as my Lord Howard sayes about a Consultation to joyn in Rebellion Will any man think that he should talk at that kind of rate if that were his Employment and tell whether he were going But I rely upon this in point of Evidence 'T is not proved yet that Aaron Smith was in Scotland That he came within Six miles of the Borders of Scotland is proved but it is not proved he was in Scotland or did Agitate any Conspiracy there or did any thing more than go within Six miles of the Borders of Scotland But then they would press it further and they say that there were some Scotch Gentlemen that in the Summer came here into England and that they hid themselves when the Plot was Discovered It does not appear my Clyent had any Conversation with these Scotch Gentlemen or any of them or was ever in their Company 'T is a very remote inference to bring any thing of this to affect my Clyent in this High Charge My Lord We shall add one thing more to disprove that part of the Indictment that layes the Imputation of Turbulency and Sedition to the Charge of Mr. Hambden and which also will shew the improbability of his being concerned in any thing of this Nature We shall prove him to be a Person of a sober Conversation of a retired Life and studious Disposition and as an Evidence for the Defendant we shall prove that he in October 1680. left England for his Healths sake and went into France for the recovery of his Health He continued there till about Michaelmas was Twelve Month then he returned 'T is true he continued in England from Michaelmas to the time they speak of but we shall make it plain that in February my Clyent and my Lord Mountague had adjusted matters between themselves to go the beginning of Summer again into France there to continue and abide some time for their Healths Here is a strange kind of imagination that this Contrivance between my Lord Howard and my Lord Shaftesbury that was going on before this time and that was Disappointed and my Lord Shaftesbury went away and afterwards Dyed in Holland was taken up by my Clyent and those other Persons when my Clyent as we shall prove never intended to stay in England My Lord he was a Parliament-man in both the last Parliaments but appeared in neither of them being all the while in France for the Recovery of his Health We shall prove him to be one Studiously inclined that he lived a Retired Life and kept very little or no Company and you will hear from Persons of very great Honour and Quality what he is as to his Person and as to his Opinion and then we shall submit it to you Gentlemen of the Jury whether you can believe him Guilty of this he is Charged with which is your Issue You are to try whether he be Guilty or Not Guilty of the Crime Charged in the Indictment Mr. VVallop My Lord and Gentlemen of the Jury I desire to make one Observation before we call our Witnesses L. C. J. Pray do not take up our time altogether in Speeches but go on to your Evidence Mr. Wallop I desire to observe but one thing my Lord. L. C. J. Make your Observations at last but spend not our time in Speeches I know you will expect to be heard at last and so you shall whatever you will say Mr. Williams Call the Earl of Anglesey the Lord of Clare and Lord Paget Mr. Ducas who appearing was sworn Now we have him here we must begin with him my Lord. Mr. Ducas Pray what did you hear my Lord Howard say at any
Lord Howard I cannot positively say it was this day or that day of the Month but being about the middle of January I conjecture it was about the 14 th but he is not positive to the day He says accordingly they went to Mr. Hambden's House which was the place first design'd for them to meet in He says there accordingly they did all Six meet and that it being Mr. Hambdens House they thought it most proper for him who was Master of the House who usually bids his Guests welcome to break silence and to impart the business of the Design they met about He says accordingly Mr. Hambden after the first Complements of Entertainment did give an account of the business they were come about and that it was in order to have a Rising This he says was proposed by Mr. Hambden He tells you then they fell into Debate about the time when concerning Men and Arms and Money and likewise concerning the Places He tells you the Places wherein the Rising was design'd to be were Devonshire Cheshire Somersetshire and other places that is as to the Circumstance of the Place Then he tells you concerning the time it was Debated Whether it should be all at one time or at several times Whether they should onely begin here and the Country fall in or all at once That likewise they had in consideration the business of Money and that his Grace the Duke of Monmouth did speak of 30 or 35 Thousand Pounds or some such Sum at that time But then as was natural for men of Deliberation and Consideration to consult about they took into Debate that they might not go headlong to endeavour to conciliate another Party to chime in as he says along with them in the business they were going about and accordingly it was thought fit and proposed That there should be an endeavour to conciliate a friendship with some Persons in Scotland to fall in with them and then he tells you who the Persons were that were named Some of the Names he remembers and others he has forgot he speaks particularly of the Cambeles Sir John Cockram and my Lord Melvin and he says other persons were mentioned but he can't remember their Names and my Lord Russel knew some of these persons and the Duke of Monmouth knew some others of them because of his near Relation to the Earl of Argyle the person that you know was proscrib'd for Treason in the Kingdom of Scotland He says that so far the debate of this Matter went that they thought fit a Messenger should be provided a Trusty man to be sent inâ—â— Scotland to Treat with these Gentlemen about this Matter and my Lord Russel I think he says undertook to write a Letter to be carryed by this Messenger to these Scotch Gentlemen He says pursuant to this Consultation at Mr. Hambdens a Fortnight after or thereabouts which brings it up to the beginning of February then was the Meeting at my Lord Russel's House and there they Debated these Matters over again and the whole managery of sending a Messenger into Scotland was left to the discretion of Col. Sidney and he undertook that Work that was his Post that he was to manage and he does say That he does very well remember That Aaron Smith was the person proposed then and tho' he was unknown to some of the Company yet he was well known to others and by reason of that knowledge that others had of him they looked upon him as a person very fit and every way qualify'd for it So that Gentlemen here is proved a Consultation in order to the Raising of Men to Infest the Government a discourse concerning Money and Arms for this End and the Places where and the time when and of conciliating a Friendship with some discontented persons in Scotland to joyn and chime in with these Conspirators in England And then there is yet another Circumstance very Remarkable Because tho my Lord spake it not at the same time that he delivered his Testimony yet upon the Question asked he gives you a plain account of it and it has a plain dependance upon what went before Said they among themselves 'T is proper for us as near as we can to shut the Door against any Exceptions about these Mens coming to Treat with us but how shall we get them hither without Suspition We must have some Shams or Cant or other to be a pretence for these People to come into England and that was agreed to be about some Plantation in Carolina This he says was the Result of that Meeting and that when the Meeting was broke up about Three or Four Days afterwards mind the circumstance of Time Gent. for 't is very material Col. Sidney and he met together they went to Col. Sidney's House and there he saw him take Money out of a Till where there were several hundreds of Guineys or pieces of Gold and as he believes he says he took Threescore Guineys or some such Sum and told him it was to give to Aaron Smith in order to his Journey into Scotland That he went out with him in his Coach but Mr. Sidney set him down by the way and he himself went into London telling him he went to that purpose to give Aaron Smith the Money Some time after about a Week or a Fortnight or Ten Days after that he says he met with Mr. Sidney again and he says Mr. Sidney gave him an account That he had heard Aaron Smith had been at Newcastle but he had not heard of him since that time and that is another Circumstance in point of Time Gent. So that you have here a positive Oath made by my Lord Howard that Mr. Hambden was privy and consenting to all these Debates as to the Raising of Men and the Levying of Money and about the conciliating a Friendship with these men of Scotland and about sending a Messenger into Scotland to that purpose And if my Lord Howard do Swear true no man living can doubt but that Mr. Hambden is guilty of this Indictment The first meeting was at his House and there he did take notice of what had been formerly done and proposed the things breaking the silence and entering into the Debate which shews that he had been discoursing about it before and had it in his thoughts before or else he could not have propounded it as the end of their meeting Now this Gentlemen Here is a positive Fact and as Mr. VVilliams says true no man living can give any Answer to a positive Fact but by some other things that may be Circumstances to oppose that Fact Now he says there are no Circumstances that have been proved that will give any Credibility to what has been deposed besides the positive Oath of my Lord Howard So that says He your Fact tho it be positively Sworn is not supported by any Circumstances of the Fact that may give Credibility to it And he objects very materially for if it be
not supported by credible Circumstances then indeed it would be less material yet I cannot say it would not be at all material it is material and you are to determine whether you have sufficient Evidence given you to induce you to believe That my Lord Howard is at this time Guilty of wilful and malicious Perjury for it is Perjury and that in the highest degree if it be not true that he says and God deliver all Mankind from being Guilty of any such thing I leave that to your Consciences Gentlemen who are the Judges of it But says the Kings Councel Here are Circumstances that do support our Fact and the Credibility of it For first here is the Circumstance of Aaron Smith who was sent into Scotland by Mr. Sydney in pursuance of this design and this Circumstance my Lord Howard does subjoyn to what he has positively affirmed against the Defendant And this Circumstance is a thing that may be helped by other proof and what is this Circumstance Say they That Aaron Smith was sent into Scotland and in order to prove that they have called one Sheriff who is a man that keeps an Inn at the Posthouse in New-Castle from whence Col. Sidney told my Lord Howard he had notice of his arrival at New-Castle but had heard no more of him after that And this Sheriff Swears directly I saw that man they call Aaron Smith when he was shewn to me before the King and the Council and Mr. Atterbury Swears he shew'd Aaron Smith to him and then Sheriff swears that man you shew'd to me was the Man I saw at my House at New-Castle that chimes in with the Circumstance of Fact that Mr. Sidney heard from him at New-Castle And then there is the Circumstance of time when he saw him there Says he I saw him the Friday before Shrove-tuesday which they in the North call Fasters-Even He came to my House on Thursday night and went away the next day Friday and he went with his Guide the other man Northward in order to his Journey into Scotland as he himself said Says he I remember the time very particularly it was the Friday before Shrovetuesday last this February was Twelve-month and he went yet further says he I did not only see him when he went away but when he came back again for he left his man at my House all the time and he tells you what his name was for he says Smith went under the disguised name of one Clarke and he did then talk of going to the VVestern parts of Scotland he named Douglas as he thinks tho he is not positive in that but he is in the Person that was the man And says he I sent for this Person the other fellow Bell and he was the guide he had along with him And upon Bells Examination What says he Says he I remember that man came thither at that time to the other mans House I take it upon my Oath that is the man and he went by the name of Clarke he hired me to be his Guide I went out with him on Friday morning and I went a long with him all that day but upon Saturday which was the next day going Northward with him my Horse tired and failed me Thereupon I was forced to be left behind but I overtook him on Sunday night following I overtook him at such a place and saw him within six Miles of the Borders of Scotland I take it upon my Oath this is the man that was there under the name of Clarke and at his returning back again I took notice of him I went up to him I drank with him and we had discourse of our Journey He told me at first he was to go to the VVest of Scotland and so he went Northward After that which was about Ten or Twelve days he came back again and so went Southward towards London This he doth Swear directly to be at that time Now Gentlemen The time is wonderful material in that Case because that very time Twelve-month that they talk of is the beginning of February If you look upon your old Almanack of the last year I happen to have one in my Pocket and look upon it when the men gave their Testimony and there you will find that the Monday before Shrove-tuesday when he says he left him within six Miles of the Borders of Scotland falls out to be the 19 th of February I will look upon it again lest I should mistake 't is just so and that humors the time that my Lord Howard speaks of which was about the middle of February a few days after that he says the Money was given by Mr. Sidney and then for the time for Aaron Smith to get to New-Castle there is a fit space of time for it falls out that the Thursday that he arrived at New-Castle is the fifteenth day of February and so it falls in well with my Lord Howards Testimony and so the Monday that he parted with him at the Borders of Scotland was the 19 th which also just humours the time that he speaks of So that here is a Circumstance of Fact to confirm his Testimony both as to the sending the Messenger and the Circumstance of time That he is the same man is proved by these two Witnesses who agree in this That he was there about such a time and it does likewise humour that other Circumstance of place that Mr. Sidney said he had heard from him from New-Castle but not since and then there is the other Circumstance which backs and confirms all There was not only a sending for these Persons but there is notice taken that these Cambeles who were to be assisting in this matter were to come about the Sham and under the disguise of Purchasing Plantations in Carolina About the beginning of June they come to Town the Two Cambels Sir John Cockram and Mr. Monrow Sir Andrew Foster he tells you he met with some of the Men and they told him They came about the business of Carolina and so the Cant of Carolina is made good in this circumstance that way but when the Plot brake out these men sculk one flies one way another another some were taken as they were Escaping away by Water others of them were taken upon the Bed at Noon-day in More-fields Had the business they came over into England about been a fair and a lawful and honest Business why should they hide themselves Why should any Man sneak and sculk and be ashamed to own an honest and lawful business But this does humor and touch the thing exactly as to that circumstance That Carolina was onely a Cant for to disguise their coming over These are the onely Two Circumstances that seem to be pretty strong for them to prove and support the credibility of what their Witness has sworn For Gentlemen What a wonderful sort of Expectation would it be That we shall never Convict a man of High Treason unless you can bring