Council that should take care of the whole they resolved to erect a little Cabal among themselves consisting of six Persons which were the Duke of Monmouth the Lord Russel the Earl of Essex Mr Hampden Junior Algernoon Sidney Esq and Himself That these six Persons met about the middle of February at Mr. Hampden's House where it was agreed what their Business was which was to take care of the whole That as to particulars the things that Challenged their care should be Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries Towns were fittest most dispos'd to Actiâ—n What Armes were necessary to be got and how to be disposed How to Raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly how to order it so as to draw Scotland to consent with them it being thought necessary that all Diversion should be given That there was another Meeting of all the same six Persons ten days after at the Lord Russel's House where they came to a Resolution A Council of six erected of which the Prisoner one A second meeting at the Lord Russel's House That some Persons should be sent to the Lord Arguile to settle an Understanding with him and that some Messâ—ngers should be send into Scotland to invite some Persons hither that were judged most able to understand the State of Scotland and give an Accompt of it That the Persons agreed on were Sir John Cockrane and the Lord Melvin with one more whose Name he since understood to be Sir Campbel And that in Discourse it was refer'd to Colonel Sidney to take care of that Business That afterwards Colonel Sidney told him he had sent Aaron Smith and given sixty Guineys for his Journey Being ask'd whether he was sure the Lord Russel was at that The Lord Russel at the Meeting about Scotland and consented to it Meeting He Answered That he wish'd he could not say it Being ask'd whether he consented the Lord Howard made Answer That they did not put it to the Vote but it went without Contradiction and he so took it that all that were present gave their consent The Lord Russel being now permitted to ask the Lord Howard any Questions said That what the Lord Howard had said of him was only Hearsay That the two times they met it was upon no formed Design only to talk of News and Things in General That the Lord Howard was a Man of a voluble Tongue talk'd well was full of Discourse and they were delighted to hear him That for the Scotch Gentlemen he never saw any of them only the Lord Melvil he had seen but not upon this Accompt There the Atturney General urg'd That Aaron Smith did go into Scotland and that Campbel he went for was taken and then call'd Mr. Atterbury Mr. Atterbury swear Sir Hugh Campbel in Custody the Messenger to prove his Apprehension who being Sworn Declared That Sir Hugh Campbel was then in his Custody and that he had been by his own Confession four days in London before he was Apprehendâ—d Then Mr. West being Sworn Declared That as to the Lord Russel he never had any Conversation with him at all but that Mr. Ferguson and Mr. Rumsey told him That the Lord Russel intended to go down and take his Post in the West where Mr. Trenchard The Lord Russel the person most looked upon by the Party had fail'd them And that they always said The Lord Russel was a Man they most depended upon because he was a Person lookt upon as of great Sobriety Here the Court Declared That what Colonel Rumsey or Mr. Ferguson told Mr. West was no Evidence so that the King's Councel resolved to rest upon what they had already prov'd The sum then oâ— the Evidence against the Lord Russel was That Colonel Rumsey was sent upon a Trayterous Message by the Earl of Shaftsbury to a Meeting where his Lordship was and that the Answer was return'd his Lordship being there and that there was a Discourse at the same time of an Insurrection to be made and a Declaration read to be Printed upon the Rising seting forth the Oppressions and Grievances of the Nation and Discourse of surprising the Guards That six Persons of which his Lordship was one did erect themselves into a Council to manage the Insurrection and Raising of Men. To all this the Lord Russel made Answer That he could not but think himself mighty unfortunate to stand there Charg'd His Defence with so high a Crime and that intermix'd with the Horrid Practises and Speeches of other People while the King's Council took all advantages to heighten things against him That he was no Lawyer and a very unready Speaker and altogether a Stranger to things of this Nature That he was sensible he was not so provided as to make his Defence as otherwise he should do But that his Lordship thought the Gentlemen of the Jury were Men of Consciences that valu'd Innocent Blood and hop'd they would consider the Witnesses that they Swore to save their own Livâ—s Neither was what Colonel Rumsey Swore enough to take away his Life or if it were the time was Elapsed by the 13th of the King which limits Prosecution to Six Months Neither was the Design of Lâ—vying War Treason unless it appeared by some Overt Act as appears by the 25th of Edâ—ard the 3d. And then desiring to know upon what Statute he was Endicted it was told him by the Statute of the 25th of Edward the 3d. upon which he insisted He insists upon two Points of the Law and desires Council upon these two Points as Matter of Law and prayed to be heard by his Council whether the Treason were duly prov'd und if it were whether it were punishable by the Statute In Answer to which the Court informed him That if he were contented that the Fact should be taken as prov'd against him and desired Counsel upon what was bare Matter of Law he he should have it granted but that there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the business aâ— Mr. Shepheard's House was sworn to only by one Witness It was Answered That if there were one Witness of one Act of Treason another of a second another of a third that manifested the same Treason it was sufficient After the Lord Russel had several times insisted upon the same The Lord Anglesey Objections and had received several undeniable Answers to the same effect the Lord Anglesey stood up who declared That upon a Visit which he gave the Earl of Bedford in his trouble for the Affliction of his Son the Lord Howard came in while he was there and to comfort the Earl us'd these Expressions My Lord you are happy in hâ—ving a wise Son and a worthy Persâ—n one that can never sure be in such a Plot as this or
House which ranges in the same Row with Southampton House he found there the Duke of Monmouth the Earl of Essex the Lord Russel Colonel Sidney and Mr. Hambden That Mr. Hambden took upon him to open the Mr. Hambden opens the Sessions Sessions and in his Discourse recapitulated some Design that had been chiefly carryed on before by the E. of Shaftsbury before that time Dead He also took notice of the ready disposition of the minds of Men to go on with it and gave one instance of his Judgment of it That being a Design Communicated to so many there had not so much as a whisper gone about it From whence he took an Occasion to tell the rest That it was absolutely necessary that there should be some Council which should be as a Spring a little to govern the motions of the rest there being divers things which if not taken care of by particular persons the whole would miscarry That from thence the said Mr. Hambden made a Transition to some particular things which were principally to be taken care of The time when the places where and the persons by whom these things were to be carryed on which lead into a particular consideration of some of those Heads For the time that it should be shortly least the minds of Men should chil and then as to the place where whether in the City or Country or both joyntly In which some Opinions were given but not settled to any Resolution being committed to all their thoughts to Consult of afterwards They were also to consider what Magazines were to be got and with what they should be gotten and that was Money Upon which there was a considerable sum propounded to be rais'd to which purpose the Duke of Monmouth to the best of the Witnesses remembrance propounded the raising of twenty five or thirty thousand Pounds after which it was considered how this Money should be rais'd without drawing Observation and Jealousie That these were the heads then agreed upon to be afterwards considered But the Resolutions taken at present were How to make A Coalition with Scotland debated a Coalition of Counsels with Scotland for which purpose some fit Persons was to made choice of to be sent thither That these were the debates of the first Meeting That about a fortnight or three weeks after all the same Persons met again at Southampton-House at the Lord Russels where it was warmly urg'd by Mr. Hambden though at that time thought unseasonably That since they were now united into such an undertaking it could not be expected but that it would be a Question put to many of Some things unseasonably urged by Mr. Hambden them To what end all this was where they intended to terminate and into what they intended to resolve That they were Questions which he meaning Mr. Hambden met with and every one would meet with from those Persons whose asistance was to be expected and that if there were any thing of personal interest design'd there were but very few of those whose Hearts were with them but would fall off and that therefore they were to resolve themselves into such Principles as should put the Liberties and Properties of the People into such hands as should not be easily invaded by such as were intrusted with the Supream Authority of the Land and that at length it was mentioned to resolve all into the power of a Parliament That this being propounded All to be resolved into the Power of the Parliament which sounded harsh to some of the rest by Mr. Hambden sounded a little harshly to some of the rest However it was consented to that it was nothing but a publick Good which all intended That after this the Council debated about sending into Scotland and settling a Correspondency with the Earl of Argile That other Gentlemen were nam'd as the Lord Melvin Sir John Cockram and the Cambells Which Col. Sidney undertakes to send into Scotland being propounded it was offer'd by Colonel Sidney that he would take care of the Person and that he had one in his thughts whom he thought to be a fit Person Being ask'd by the Attorny General what Aaron Smith was to The Duke of Monmouth undertakes to bring up the Lord Melvin do the Witness made Answer That there was no particular deed for him more then to carry a Letter That the Duke of Monmouth undertook to bring the Lord Melvin hither because he had a particular dependency upon him but that to Sir John Cockram a Letter was to be sent under the Disguise of carrying on some business of Carolina which Letter as he thought was wrote by the Lord Russel as being personally known to him anâ— none of the rest of the Cabal Being ask'd to what purpose those Gentlemen were to come up he Answered To acquaint them how they found Scotland tempered and what Opportunities there were of putting them into a Commotion how Men might be rais'd how they would fall under Argile and also to keep time and place with England That after this he was with Colonel Sidney when he was going Col. Sidney puts a parcel of Guineys in his pocket for Aaron Smith into London at what time he took out about sixty Guineys as he thought and put them in his Pocket which he said were to give Aaron Smith but whether he gave them or not he could not tell However after that he was sent in pursuance of their debate as Colonel Sidney told him upon Inquiry and withal that he had not heard of him but once in three Weeks vvhen he Aaron Smith sent in pursâ—ance of the â—ebates vvas at New-Castle That after this his Occasions call'd him into the Country and aftervvards he vvent to the Bath The Lord Howard having thus concluded the Court demanded of Colonel Sidney vvhether he had any Questions to ask the Witness vvho reply'd that he had no Questions to ask him Upon vvhich the Attorney General reply'd Silence You knovv the Proverb After vvhich Sir Andrew Foster and Mr. Atterbury vvere called The Scotch Gentlemen prov'd to be in London to prove that the Scotch Gentlemen came up presently after Aaron Smith vvas sent and first Sir Andrew declared That about the end of the Spring or beginning of Summer Sir John Cockram Commissionary Monro and the tvvo Cambells Father and Son came up hither That he did not see the Senior Cambell but the Younger he saw upon the Day of the Lord Russels Tryal but that he saw the other two as he thought a little before the Discovery Being ask'd what they pretended to come about He made The pretence of their coming Answer That Sir John Cockram and Manro pretended they came about making a purchase in Carolina and shew'd him a Commission to that purpose from the Persons said to be concerned in the Design Being ask'd what became of those Gentlemen upon the rumour of the Plot He Answer'd That Sir John Cockram absconded
any Man living That he told him moreover That there were certain Persons of Quality whom he was very much concern'd for that they should be so much reflected upon or troubl'd and condol'd their Condition very much both before and after That upon Discourse at another time which he had omitted at the Lord Russels Tryal by reason of the reproof that was accidentally given him upon Discourse of the Plot the Lord Howard assur'd him That it was certainly a Sham even to his knowledge too black for any Minister of publick Employment to have devis'd but that it was forg'd by People in the Dark such as Jesuits and Papists and that it was in his Conscience That thereupon he adviz'd him to make an Address to the King under his hand to testify his abhorrency of the Thing Then being ask'd by his Lordship to whom he should apply himself he pitch'd upon the Lord Hallifax and going to him told him that the Lord Howard was willing to set it under his hand his detestation of the Plot and that there was no such thing to his knowledge but that upon the Lord Russels being taken the thing was laid aside Mr. Blake declar'd That about six Weeks since the Lord Howard Of Mr. Blake sent for him to come and see him That he went upon Discourse of News he told the Lord Howard That he heard no body had their Pardon but he that first Discover'd the Plot to which the Lord Howard Answered No but that he had a Warrant for it and that he had their Word and Honour for it but he would do nothing in it till he had farther Orders That he heard nothing of it and could Ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over Grace Tracey declar'd That the Lord Howard protested he Of Grace Tracy knew nothing of a Plot and that he was sure Colonel Sidney knew nothing of it And farther added That if he had known any thing of it he must needs have known of it for that he knew as much of his Concerns as any one in the World and took God to Witness of his Protestation Elizabeth Penwick declared That the Lord Howard ask'd for Of Elizabeth Penwick him and they said he was taken away by a Man to the Tower for a Plot upon which he took God to Witness that he knew nothing of it neither did the Colonel but said it was only Malice desiring withal that the Colonels Plate might be sent to his House to be secur'd Then one Mr. Wharton stood up and offer'd to the Court that Mr. Wharton offers to imitate the hand if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which Then the Prisoner proceeding to his Defence set forth That The Prisoner proceeds in his defence He argues upon the Statute of the 25th of Edward the 3d. there was a large Complication of Crimes laid to his Charge That he understood they were under the Statute of the 25th of Edward the 3d. That the Statute had two Branches one relating to War the other to the Person of the King That that which related to the Person of the King made the Conspiring Imagining and Compassing the Death of the King to be Criminal That the Branch concerning War was not so unless it were levy'd That he could not imagin to which of the two they referr'd his Crime For that to say that a Man did meet to Conspire the Kings Death and for him that gave the Accompt of the business not to say one word of it seem'd extravagant For that Conspiracies had always their Denomination from that Point to which they tended That the King had two Capacities Natural and Politick that the Politick could not be within the Statute for in that sense he never dy'd so it was absur'd to say it should be a fault to Kill the King who never dy'd That then it must be understood in the Natural Sense which was to be done either by Sword Pistol or other violent way So that if there were not one word of this then it was utterly at an end though the Witness had been good That as to the Point of Levying War it was made Treason so it He argues as to the Point of Levying War were prov'd by an Overt Act but that there never was an Overt Act or could be pretended in his Case So that if the War were not Levy'd it was not within the Act. Therefore in his Case it was imply'd it was first imagin'd that he intended to raise a War and then it was imagin'd that that War should tend to the Destruction of the King which though it might follow was neither Natural or Necessary and so could not be so understood by the Law That therefore it was two distinct things to make War and â—o endeavour to kill the King and that as there was no manner of pretence that he should endeavour to Kill the King directly so it could not be by Inference because it was Treason under another Species Upon which he cited the Lord Colce who says it is the Overthrow of Justice to confound Membra Devidâ—ntia From whence he argu'd That if the making of War could not be understood to be a Conspiring the Death of the King that then he was not Guilty of the Indictment but in his Case there was neither Conspiring the Death of the King nor making War nor Conspiring to make War besides that the Law required two Witnesses That as to the business of Aaron Smith the Lord Howard told The business of Aaron Smith conjecturally and implecitely Sworn it so imperfectly and so meerly conjecturally that there was nothing in it but his Rhetoric to set it out for that he never told by whom it was Writ nor what was in it or whether it were delivered or no. And whereas it was urg'd that the Scotch Gentlemen came to Toâ—n he professed he never heard of their Names till they were named to him in the Tower That as to the Papers if any thing were to be made of them His Plea in reference to the Papers they were to produce the whole for that it was impossible to make any thing of a part of them But though some Papers were found in his Study though it were a Question whether they were found there or no or whether they were not Counterfeit yet the hand was such as shew'd they had been Written many Years He then put it to the Court by way of Question If any body had found Papers in his own hand or anothers that were not justifyable whether that were Treason whether that imagin'd the Death of the King And if eâ—er any Man could say he ever publishâ— a Shâ—et in his Life he would submit to punishment Then he ask'd what Concatâ—nation those Papers could have with His Plea as to
whether now or when Another whether to be begun in the City or the Country or both together what Persons to be prepared in the several Countries to be assisting in it that were probable to carry it on what Money should be rais'd and that lastly it was concluded at the same Meeting That there should be a Concurrence and Correspondency with Scotland that so Diversions might be given both at home and abroad at one and the same time That about a fortnight after there was another Meeting at the The second Meeting Lord Russels where the Prisoner was also present where they came to a Resolution that some body should be sent into Scotland upon which Colonel Sidney propounded Aaron Smith which was consented to by Mr. Hambden and the rest of the Company To prove the Credibility of the Lord Howards Testimony he Aaron Smith sent into Scotland Swears the Circumstances of Aaron Smith being sent into Scotland which was Corroborated by the Inn-Keeper of Newcastle at whose House he lay and where he hir'd him a Guide to carry Aaron Smith the next way into Scotland who also knew Aaron Smith again when he saw him at the Council-Table The next Circumstance was this That the Scotch Gentlemen did come to London under pretence of a purchase in Carolina This was made out upon Oath by Sir Andrew Foster and Mr. The Evidence of Sir Andrew Foster and Mr. Atterbury Atterbury The first had seen Sir John Cockram Mr. Monro and Cambel the Son The second Swore That Sir Hugh Cambel Sir George Cambel Bayley and some others were taken in Black-Fryers and that he took the rest in a cunning Hole in Moor-Fields who were afterwards sent Prisoners into Scotland Thus the sum of the Evidence against the Prisoner was a Consultation in Order to the raising of Men to infest the Government The sum of the Evidence A Discourse concerning the raising of Money and Arms for that end the places where and the time when and the Conciliating a friendship with some discontented Persons in Scotland to joyn with the Conspirators in England To this the Prisoner by his Council Mr. Williams made Answer Mr. Williams answers for the Defendant That whereas the Lord Howard was positive and particular as to some things in reference to Persons Places and Times yet in what most effected the Defendant he was not any thing like positive as to the times of the Meeting but only that it was about the middle of January and the beginning of February And thereupon he made this Observation That since the Evidence would not be particular as to the Time it might be apprehended that he gave himself a little loose that he might not be contradicted in that Circumstance 2. That the Witness were particular as to many Facts and Things relating to the Lord Shaftsbury where he Names other particular Persons and Discourses yet he had not made use of any one Circumstance of Fact in the Case of the Defendant save only that of Aaron Smith In the next place it was urg'd That in regard there were other Witnesses before and beside the Evidence to the Discovery of the Plot it concern'd the Lord Howard to give a home Evidence in the Case or else he could have no expectation of his Pardon and that therefore he was concerned perhaps to strain that he might make such a Discovery as might answer his end which the Counsel supposed would Naturally arise out of this Case since it was something long before he got his Pardon but that now he had it After this several Persons of Quality were produced to prove the Lord Howards denyal of a Plot that he knew of none and believ'd the whole thing a Contrivance Others were call'd to prove Mr. Hambden a Person of a retired To prove the Prisoners Conversation Life addicted to his Studies free from Turbulency and medling in business and of great esteem respect and duty which he always expressed for the King and the Government This being done the Lord Chief Justice himself made a most The Lord Chief Justice summing up the Evidence elaborate Râ—capitulation of what had been offered in Evidence by the Kings Council and what the Council for the Prisoner had objected against it Which Objections though it were Confessed that they were Ingeniously made by Mr. Williams for the advantage of his Client yet were they all cleared by the Lord Chief Justice with that satisfaction as he went along both to the Court and all that heard him that the Jury returning within half an Hour after they withdrew from the Bar brought in the Prisoner Guilty of the Trespass and Misdemeanour whereof he was Indicted The JURY Sworn were these Sir Charles Gerard Bar. Roger Jennings Esq Hâ—nry Hodges Esq Thomas Harriots Esq Thomas Earsby Esq William Avery Esq John Sharp Esq Charles Good Esq Samuel Rouse Esq Hugh Squire Esq Nehemiah Arnold Esq John Bifiâ—ld Esq Upon the 12th of February the Attorney General mov'd for Judgment upon this Conviction upon which the Prisoner being ordered to come into Court the Judgment of the Court was That a Fine of 40000 l. should be set upon him that he should be committed till he paid it and that he found Sureties for his good behaviour during Life Then Mr. Williams prayed his Bayl might be Discharg'd which was agreed he being Committed And for the High Treason it was concluded that â—he was Discharged by the Habeas Corpus Act there being no Prosecution The Charge and Defence of Lawrence Braddon and Hugh Speak who were Tryed at the Kings-Bench-Bar the Seventh of February 1683. THEY were both Charged together upon an Informamation That they Conspir'd together to make the The Charge in general People believe That whereas the Earl of Essex Murdered himself and so it was found by the Inquisition yet that Inquisition was taken unduly and irrigularly obtain'd and that they did Conspire to procure false Witnesses to make these things out There was a third thing Charg'd upon Braddon That he went about by Papers and otherwise to publish it that he was a Person employed to Prosecute the Murther of the Earl of Essex For the Information it self there was this Evidence first Mr. The â—eads of the Information Evans Swore That he had heard at the Custom-House from the Father of the Boy as though there had been a Report came to him from home at ten that Morning upon which the Earl of Essex had cut his Throat of a Razer thrown out of the Earls Window and that in the Afternoon he came to him again and told him he had examin'd the Matter farther and his Boy had confirm'd the Truth of it Farther the same Mr. Evans Swore That after this Mr. Braddon and one Hatsal came to the place where he was in Essex at what time Hatsal took out of his Pocket a Printed Copy of the Inquisition and then Mr. Evans said something about the Report he had
THE HISTORY OF THE Whiggish-Plot Or A brief Historical ACCOUNT OF THE Charge and Deefnce OF William Lord Russel Capt. Tho. Walcot John Rouse William Hone Captain Blague Algernoon Sidney Esq Sir Sam. Barnardiston John Hambden Esq Lawrence Braddon Hugh Speak Esq Together with an Account of the Proceedings upon the Outlawry against James Holloway and Sir Thomas Armstrong Not Omitting any one material Passage in the whole Proceeding Humbly Dedicated to his ROYAL HIGHNESS LONDON Printed by T. B. and are to be sold by Randal Taylor near STATIONERS-HALL MDCLXXXIV To the most Illustrious and Serene PRINCE James Duke of York AND ALBANY c. May it please Your Highness IT was the Design of the Author of the following Papers a Person very faithful to the Interest of the Crown to make an Humble Present of himself and them to Your Highness but being at this time under great Indisposition I was desir'd to present his Duty by Proxy and lay his Performance at Your Royal Highnesses Feet I will acknowledge to Your Highness that I am no Friend to Epitomies especially in Law where the Truth and the whole Truth is so strictly required But I look upon this to be one of the faithfullest and perfectest that ever I have seen having carefully perus'd the whole to say nothing of that Candor and Ingenuity of Temper which makes some New Discovery of it Self in every Page of the whole Work being very far from a Design of Imposing any thing False or Aggravating any thing beyond the naked Truth and abounding every where with many unquestionable Stroaks of a Courteous and Gentle Nature very fit if Honestly and Wisely managed to poyse and balance these uneven Times The irrefragable clearness of the Proof added to the Conciseness of this Author's Method will shew Your Highness at once as in a Glass the imminent Dangers the King and You have escaped and with You the Clergy the Nobility nay the Commons themselves who would most of them before this time have been Buryed in Confusion and Rolling in Blood which as in all it ought to Create a Mortal and Vatinian Hatred of those Horrid Principles by which the Enemies of this Church and Monarchy are Acted and of those Barbarous though Natural Conclusions that issue from them so more particularly in Your Royal Highness there is no doubt but the Reflection upon such Villany as this will inflame so Generous and so Loyal an Heart with an ardent Affection for that Church which long and sad Experience hath told us is to be the only true Prop and Supporter of the Crown That God would Guide Your Royal Highness by his Council and after a long and fortunate Old Age receive You into Glory is the Humble and Affectionate Prayer of May it please your Royal Highness Your Royal Highnesses most Humble Dutyfull and Obedient Servant JOHN TURNER THE HISTORY OF THE Whiggish-PLOT UPON the Discovery of the late Hellish Conspiracy which was made by Mr. Keeling upon the Twelfth of June in the Year 1683. as will at large appear upon his Evidence against Captain Walcot His Majesty set forth two Proclamations the one bearing Proclamations issu'd out against the Conspirators Date the 23d and the other the 28th of the same Month The first for the Discovery and Apprehension of Colonel John Rumsey Richard Rumbold Richard Nelthorpe Esq Nathaniel Wade Gent. Richard Goodenough Captain Walcot William Thompson James Burton and William Hone a Joyner The latter for the Apprehending of James Duke of Monmouth Ford The Names of the Conspirators Lord Grey who being Apprehended made hiâ— Escape out of the Hands of the Serjeant at Armes Sir Thomaâ— Armestrong and Robert Ferguson who was the Common Agitatour entrusted by all Parties in the several Conspiracies Besides all these several others were soon detected as the Lord Melvin Sir John Couchrane Francis Goodenough William Rumbold Joseph Elby Samuel Gibbs Francis Charleton Joseph Tyley Casteers Lobb both Non-Conformist Ministers Edward Norton John Row John Aytoss and John Atherton Several of which having notice of Warrants issu'd out for their Apprehension fled from Justice Nevertheless they did not all escape For of superiour Quality were taken the Lord Russel the Lord Howard of Escrich Colonel Sidney Mr. Hamden Jun. and the Earl of Essex who The Earl of Essex kills himself being Committed to the Tower for High Treason kill'd himself Of meaner Quality were Apprehended Mr. West Colonel Rumsey Captain Walcot and Hone the Joyner and of these the Mean persons taken Lord Howard Colonel Rumsey and Mr. West were reserved to give Evidence against the Others whose Charges and Defences together with their Confessions compleat the Body of this History Besides these also were Apprehended the Lord Brandon Mr. Booth Mr. Charleton Mr. Wildman and Mr. Trenchâ—rd and sent to the Tower who at the beginning of the following Term were admitted to give Bail for their Appearance the first Day of the next Term ensuing Upon the 27th of July came forth His Majesties Declaration concerning the Treasonable Conspiracy against His Person and Government giving an Accompt of the Principal and Main Designs of it which appear'd to be in short as follows About the beginning of October 1682. when the Heads of the Faction saw the Magistracy of London settled in Persons of Loyal Principles they fell immediately to Consult about Rising in Armes for which some thought their Party so well prepared that they could not fail of attaining their Ends when they should break out into Open Force Upon which some of the Principal Conspirators met to agree They Consult to Master the Guards and seize the Kings Person but lay that Design aside till they had settled a Correspondence to know their strength about the best way to Master the Guards and Sâ—ize His Majâ—sties Person but upon deep Consideration finding it necessary to prepare their Friends in the several Counties and the Disaffected Party in Scotland to joyn with them without which any Attempts in the City upon the Guards seem'd to be too rash they lay'd aside the Thoughts of a Present Rising and dispos'd themselves to find the safest way by Correspondence how far they might be assisted by a General Insurrection so that in all Humane Probability they might not fail of success While these Designs were forming some Villains were carrying The Assassination of the K. and D. of York Design'd on that Execrable Plot of Assassinating His Majâ—sties Person and His Royal Highness in their coming from New Market to which purpose Money was deposited but were prevented by the shortness of Time and Nâ—cessary Preparations Thereupon they Consulted about Attempting the same Villany A second design in March at His Majâ—sties going to New-Market again at His Majesties next going to New-Market in March was a Twâ—lvemonth But fearing the strength of the Guards that are usually left behind after the King's Departure and because they were not then neither sufficiently ready they agreed to
be forc'd to take the Office of Sheriffs upon them which if they refused to do they should be used as the rest and that Sir Thomas Gold Sir John Shorter or Alderman Cornish should be set up for Lord Mayor but rather Alderman Cornish as the fitter Person That being asked by the Witness what they intended to do with the Kings Natural Sons they said they were good lusty Fellows and would serve for Porters or Watermen and that for the Lady Ann they would marry her to some Country Gentleman for a Breed to keep out Forraign Pretences Being ask'd what he knew as to the Câ—ntinuâ—tion of the Rising The Design continu'd and carryed on by the Lords c. and whether it were continu'd He made Answer That about Christmas Colonel Rumsey told him there was a Design carrying on among the Lords and Great Men by whom he always understood the Duke of Monmouth the Lords Russel Grey and Howard Colonel Sidney Mr. Wildman and Mr. Hampden for an Insurrection which was Design'd to be done about March That Colonel Rumsey and he Discoursing of it the Colonel thought fit to draw up some things that were to be requir'd in behalf of the People which was done but that the Lord Russel said it was rejected in regard that all should be left to the Parliament That at the Young Devil Tavern he met with the Prisoner at Mr. Holloway proposes to try what Forces they could raise without assistance from Scotland the Bar Colonel Rumsâ—y Mr. Wade Mr. Goodenough and one Holloway a Merchant of Bristol where Mr. Holloway propos'd That since the Scotch Business was broken off they should try what Forces they could Raise here He farther added That the City was to be divided into twenty parts and every twentieth part into fourteenths and fifteenths and the Streets and Lanes were allotted out That one Principal Man was to have a twentieth part and so many Men under him and that they might not interfere one with another they bought a great Map of the City That at one of the Meetings Mr. Goodenough Reported That there were 1500 Men out of two of the Hamlets and that there were several Meetings about this Affair And being ask'd whether the Prisoner was at those several Meetings He Answered Yes and that he shew'd himself ready to act his part Being ask'd whether they met after the Discovery He Answered That on the Monday Morning next after the Discovery A Meeting after the Discovery of which he had notice upon the Sunday before he met pretty early at Captain Walcot's Lodging whether soon after came all the rest who had agreed to meet but that they Design'd to go beyond Sea But understanding the Messengers were abroad and believing the River was beset every Man shifted for himself That being thus retired they got Mr. Keeling into the City that Rumbold Discours'd him in the presence of several Persons but that Mr. Keeling wished a great many Imprecations upon himself if he had Discover'd That then after some Discourse of Killing him they propos'd to him to go out of Town which he refused That the same Night they trac'd him from place to place and finding that he was gone to the Secretaries Lodgings they took it for granted that the Discovery was made and that every Man must shift for himself That upon that Mr. Wade said That if the Duke of Monmouth would go into the West they might try a push for it still and that the Prisoner at the Bar said That he was satisfi'd God would deliver the Nation but that he Walcot satisfyed that God did not like the present Instruments but would deliver the Nation did not approve of the present Instruments Thus the sum of what was fastned upon the Prisoner was That he was at several Consults about Killing or Securing the King That he went down to Rumbold's House to view the place where it might be done with most safety and that he undertook to Fight the Guards if he might have a considerable number of Men. To this Captain Walcot Pleaded That he never was at Rumbold's House but once as he Travell'd from York by Norwich and so to London To which Colonel Rumsey Reply'd That the Prisoner did buy a Horse and said he intended to go down and to the best of his Remembrance said He was down But that he bought a Horse which cost him 20 l. for that purpose he was certain But the Prisoner still denying the Matter of Fact and Pleading that he lay Sick of the Gout all the while the King was at New-Market a Letter was produc'd under his own hand to Sir Lionel Jenkins Secretary of State purporting A Letter under his hand to Sir Lionel Jeâ—kins produced That being troubled to see himself in His Majesties Proclamation he resolv'd to lay himself at His Majesties Feet let him do with him what he pleas'd and acknowledging his Crime which he says was the first that he had Committed since his Majesties Restauration he purposed to Discover to him all that he knew Relating to England Ireland and Scotland which he supposed might be more then the Original Discoverer was able to acquaint His Majesty with And farther That if His Majesty thought fit he would follow those Lords and Gentlemen who were fled and as soon as he could would inform His Majesty what measures they intended to take next Otherwise he Resolved to give His Majesty no farther trouble but to lye at his Mercy let him do with him what he pleas'd Then Captain Richardson being Sworn made Oath That on Cpt. Walcot sends for Captain Richardson Sunday Night Captain Walcot sent for him and seemed very desirous to wait upon His Majesty and to unbosom himself to the King That Yesterday Morning his Son coming to him he sent his Clark along with him to his Father who Discovered a little Paper in his Hand which he had intended to have given to his Son which afterwards the Prisoner desired him to make no use of since he had Discovered it The Letter was to Captain Tracy his Landlord to speak to Colonel Rumsey to be tender of him and to tell him he had Ground enough to serve the King upon other Men and to speak to Mrs. West to desire the same thing of her Husband and that the last words of the Note were If you cannot be private leavè the Issue to God To the whole the Prisoner Pleaded That the Witnesses had The Prisoner pleads his being out of England made long Speeches though very little and yet too much Relating to him Of a Design to Assassinate the King and carry on a War when he was out of the Kingdom Of a Declaration drawn up at Mr. Shepherd's House and of things not being ready upon Mr. Trenchard's failing when he was in Holland That as to his undertaking to Charge the Guards when he came into England it was an improbable thing for that he knew there was no
Lord Russel asked whether he were a Freeholder of Forty Shillings a Year saying that He thought that none were allowed but such as were Freeholders To this the Court replyed that no Pannel was made in London by Frâ—eholders for that the Estates in London belonging either to the Nobility and Gentry that liv'd out of it or to Corporations London was excepted To this the Prisoner urged the Statute of the 2 of Henry 5th wherein he said it was positive that in cases of Life and Death no man should be judged but by those that have Forty Shillings a Year But the Attorney Gâ—neral not allowing the Prisoners Excâ—ption the Lord Russels Counsel were called and assigned him again by the Court Mr. Poluxfen Mr. Holt and Mr. Ward who after they had learnedly argued what they took to be the Law in that case were so fully answered by the Kings Counsel that it was adjudged by the whole Court that in case of Trâ—ason Freehold was no good Cause of Callenge However it was told him he would have as gâ—od a Jury and better then he would have had in the Country of four pound a Year Freeholders The reason of the Law being to the end no slight Persons should be put upon the Jury where the Life or Estate of a Man comes in Question but that in the City the Persons Impannelled were Men of Substance who had a great deal to lose and therefore his Lordship had the same in Effect as if a Challenge were allowed of a Freeholder And this was the Opinion of eight of the Judges being present This Dispute being over the Jury-Men were call'd and after the Prisoner had challenged one and thirty the following persons were sworn The Jury sworn John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano William Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby The Jury being thus sworn and the Indictment opened by the Kings Counsels Collonel Rumsey was first sworn who gave in Evidence That about the latter end of October or beginning of November he was at the Lord Shaftsbury's Lodgings where he lay near Wapping and that he told him there were met at one Mr. Shepheard's House the D. of M. the Lords Russel and Grey Sir Tho. Armstrong and Mr. Ferguson That his Lordship desired him to speak to them to know what Resolution they were come to about the Rising at Taunton That he went to Mr. Shepheards who carryed him up where they were and that the Answer which was then made him was That Mr. Trenchard had fail'd them and there would be no more done in the Matter at that time for that he had promised a Thousand Foot and Three Hundred Hoâ—se but could not perform it and therefore that the Lord Shaftsbury must be content That Mr. Ferguson spoke most of the Answer and that as far as he remembers the Lord Grey said something to the same purpose but that the Lord Russel and the Duke of Monmouth were present and that thereupon the Lord Shaftsbury prepared to be gone Being ask'd how long he was at Mr. Shepheards He said About a Quarter of an Hour Being ask'd what Discourse happened while he was there He Answered He was not certain whether he heard it there or whether Mr. Ferguson Reported to the Earl of Shaftsbury that they had debated it there The Witness farther added That there was some Discoursâ— by The Guards undertaken to be view'd and the Prisoner then present all the Company that was there about seeing in what posture the Guards at the Savoy and Mews were which vvas first began by Sir Thomas Armstrong and Mr. Ferguson and the business undertaken by the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong and that the Prisoner vvas there vvhen they undertook to take the vievv As to the Rising he farther added That it vvas to have been the 19th of November that it vvas determined and that he vvas The Rising to have been on the 19th of November to have gone to Bristol by the order of the Earl of Shaftsbury Being ask'd whether the Lord Russel gave his consent the Witness made Answer He did The Lord Russel being now permitted to ask the Witness what Questions he pleas'd desired to know whether he gave any Answer to the Message about the Rising The Witnesâ— Reply'd in the Affirmative That the Prisoner did speak about the Rising at Taunton And then being ask'd by his Lordship Whether he in particular gave his consent to the Rising he again confirmed what he had said before Mr. Shepheard being Sworn Declared That in October as far as he remembred Mr. Ferguson came to him in the Duke of Monmouths name and desired the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lords Grey and Russel Sir Thomas Armstrong Colonel Rumsey and Mr. Ferguson The Duke of Monmouth the Lord Grey and Sir Thomas Armstrong go to view the Guards That Sir Thomas Armstrong desired him that none of his Servants might come up but that they might be private That the Substance of their Discourse was How to surprize the Guards in order to which as far as he remembred the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong went one Night to the Mews to view the Guards That the next time they came to his House he heard Sir Thomas Armstrong say That the Guards were very remiss in â—hâ—ir places and not like Souldiers and that the thing was feasible if they had strength to do it Being ask'd whether they came in Coaches and in the Dark He Reply'd That they came in the Evening imediately one after another but he did not let them in Being ask'd whether the Prisoner were there both times He Answered Yes to the best of his remembrance Being ask'd whether there were any Coaches at his Door He A Declaration read setting forth the Gâ—evances of the Nation Answered None that he saw Being ask'd whether he remembred any Papers read at that time He Answered upon Recollecting his Memory That there was a Paper in the Nature of a Declaration setting forth the Grievances of the Nation read by Mr. Ferguson but who was present at the Reading whether all or no he could not remember particularly he could not say the Lord Russel was there at the reading it The L. Howard being next Sworn gave a long Evidence The sum of which was after he had made a Recapitulation of several Designs of the Earl of Shaftsbury that upon the Earl of Shaftsbury's withdrawing those Persons who were concern'd began to lye under the same Apprehensions that the Earl of Shaftsbury did That they had gon too far and Communicated the Design to so many that it was unsafe to make a Retreat That therefore it being considered that so great an Affair consisting of so many nice particulars could not be managed but by some general
suspected for it which may give your Lordship Reason to expect a very good Issue concerning him I know nothing against him or any Body else and therefore your Lordship may be comforted concerning him After him Mr. Edward Howard stood up who declared That Mr. Edward Howard upon serious Discourse with the Lord Howard he took it upon his Honour and his Faith That he knew nothing of any Man concern'd in the Plot and particularly of my Lord Russel whom he Vindicated with all the Honour in the World So that if the Ld. Howard had the same heart on Monday that he had on Saturday it could not be true what he Swore against the Lord Russel To which he added That he thought the Lord Russel did not only unjustly suffer but he took God and Man to Witness That he thought him the wortiest Person in the World Dr. Burnet declared That the Lord Howard was with him the Dr. Burnet Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest That he knew nothing of any Plot nor believ'd any and Treated it with great Scorn and Contempt The Lord Cavendish declared That he had the Honour to be The Lord Cavendish acquainted with the Lord Russel a long time and that he always thought him a Man of great Honour and too Prudent and Wary to be concern'd in so vile and desperate a Design as this and from which he would receive so little advantage He said he could say no more but that two or three days after the Discovery of the Plot upon Discourse about Colonel Rumsey the Lord Russel did express something as if he had a very ill Opinion of the Man and therefore it was not likely he would entrust him with such a Secret Dr. Burnet again declared That he had been for many Years last Dr. Burnet past acquainted with the Lord Russel and always judg'd him a Person of great Worth and Integrity and had declared himself with much Confidence to him and had always upon all Occasions expressed himself against all Risings and when he spoke of some People that would provoke to it he expressed himself so determin'd against that Matter that no Man could do more Doctor Thomas Cox declared That having been very much Dr. Cox with the Lord Russel of late that is to say for a Month or Six Weeks before the Plot brake out he had occasion to speak with him in Private upon these publick Matters But that he always found that his Lordship was against all manner of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary-way That he had heard him profess solemnly that he thought it would ruin the best Cause in the World to use any of those Irregular ways for preserving it and particularly that his Lordship had expressed himself concerning those two Persons the Lord Howard that he was a Man of Luxuriant parts but had the ill luck not to be much trusted by any Party and Collonel Rumsey that he knew him Little and that he had nothing to do with Him but in the Lord Shaftsbury's Business The Duke of Somerset declared that he had known the Lord The Duke of Somerset Russel for about two years and had much Conversation with him but never heard any thing from him but what was Just Honourable and Loyal Here the Gentlemen of the Jury desired to ask the Lord Howard The Jury desires the Lord Howard to answer the point testifyed by the Ld. Anglesey something upon the point the Lord Anglesey testify'd and to know what Answer he made to the Lord Anglesey Thereupon the Lord Chief Baron asked him what he said to it that he told his Father he was a Discreet Man and he need not fear his Ingagement in any such thing To which the Lord Howard answered that he confessed he did Which he doeâ— say it for he was at that time to outface the thing both for himself and his Party and did not intend to come to that Place and Act that Part. But God well knew how it was brought upon him and with what unwillingness he sustained it but his Duty to God the King and his Country required it Besides that it was upon that which every man was committed for that he took hold when he made his solemn Protestations for all that were committed for a Design of Murdering the King and so were he an Enemy to the Lord Russel and brought in a Witness against him he was bound to have declared in the Presence of God and Men that he did not think he had any Design to Murder the King After this the Lord Clifford declared That he always took the Lord Russel to be a very worthy honest man and that he never saw any thing in his Conversation to make him believe otherwise Mr. L Gore declared that he had been acquainted with Mr. L Gore the Lord Russel several Years and conversed much with him but that in all his Discourse with him he never heard any thing fall that tended in the least to any Rising or any thing like it That he took him to be one of the best Sons one of the best Fathers one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians in the Land Mr. Spencer declared that he had known the Lord Russâ—l many Mr. Spencer Years and had been much with him in his House but never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and that he had Prayers constantly twice aday in his House Doctor Fitz Williams declared That by all the Conversation of fourteen Years which he had had with the Lord Russel he ever esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands Charged with Then the Lord Russel himself made a short Conclusion wherein he declared that he had always had a Heart sincerely Loyal and Affectionate to the King and the Government the best Government in the World That he prayed as sincerely for the Kings long and happy Life as any Man alive and therefore for him to go about to raise a Rebellion which he looked upon as so wickâ—d and unpracticable was unlikely Besides that if he had been inclined to it by all the observation he had made in the Country there was no tendency to it That he was always for the Government and never desired any thing to be redressed but in a Parliamentary way That he had been always against Innovations and all Irregularities whatsoever and should be as long as he lived whither sooner or later Then applying himself to the Jury Gentlemen said He I am nâ—w in your Hands Eternally my Honour my Life and All and I hope the Heats and Animosities that are among you will not so byass you as to
Shaftsbury went into Hâ—llâ—nd That about Christmas Colonel Rumsey told him There were some Lords and Gentlemen intended to make an Insurrection That the persons were the Duke of Monmouth the Lord of Essex the Lords Howard and Russel the Prisoner at the Bar and Mr. Hampden Junior That sometime after the said Colonel told him that the said persons had altered their measures and were resolved not to venture upon an Insurrection in England till they had a Concurrency in Scotland That Mr. Nelthorp told him That the Prisoner at the Bar had Aaron Smith sâ—nt into Scotland sent Aaron Smith into Scotland and had given him a sum of Money to bear his Charges and sent Letters to some Scotch Gentlemen to invite them to Town That the Letter bore a Cant of setling business in Caâ—olina that really it was about coming up in order to the Insurrection That afterwards Mr. Smith returned and some Scotch Gentlâ—men And that Mr. Ferguson gave an Accompt of that Affair How that the Scots propos'd That if they might have 30000 l. in ready Money they would undertake to make an Insurrection in Scotland without the Concurrence of England which Proposal he said was agreed to that the Money would be soon ready and that Mr. Shepheard would return the Money That the Armes were ready bought and that the Earl of Argile would go into Scotland and head the Scots That The Earl of Argile to head the Scots when things were thus settled some difference arose about raising Money but that at last the Lord Grey offer'd to raise 10000 l. out of his own Estate if the rest would pay their proportion That then the Scots came down to less but were not comply'd with That the places for Rising were Bristol Taunton York Chester Exeter London That there had been some debates whether they should begin at London or other places and that at last it was resolv'd they should begin at London with the rest of the places That this was the Accompt of the Matter in Ge neral which he had from Mr. Ferguson who farther added That the Prisoner at the Bar and Major Wildman were very Instrumental in working of the agreement with the Scots because Mr. VVildman and the Prisoner at the Bar instrumental in working of the agreement with the Scots they could not agree upon the Declaration to be made upon the Insurrection For that the English were for a Common-wealth but that the Scotch Gentlemâ—n answered it might come fairly to it in time but that the Nobility there would not agree to it at present That as to the Prisoner himself he knew nothing of him in particular nor did ever speak with him till since the Discovery The next Witness was Colonel Rumsâ—y who declared That Col. Rumsey gives his testimony about the latter end of October or beginning of November he was desired by the Earl of Shaftsbury to go to Mr. Shepheards to know of the Gentlemen that were met there what was done about the Rising intended at Taunton Who Answered That Mr. Trenchard had fail'd them and that it must cease for that time That after that he met several times in March April and May at Mr. Wests Chamber and other places with Captain Walcot Mr. West the two Goodenoughs Mr. Bourn and Mr. VVade where they had divided the City into twenty parts of seven parts of which Mr. Goodâ—nough brought an Accompt but said nothing of the other thirteen because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection Being ask'd who he met at Mr. Shepheards He Answered There was the Duke of Monmouth the Lords Grey and Russel Who were at Mr. Shepheards Sir Thomas Armstrong Mr. Fâ—rguson and Mr. Shepheard Being ask'd who was to manage the Rising He Answered That Mr. VVest and Colonel Rumsey told him That there was Who were the Council of six a Council which where the Duke of Monmouth the Earl of Essex the Lord Howard Colonel Sidney Mr. Hambden and the Lord Russel Here Colonel Sidney press'd the Court to consider whether it were an usual thing to examin Men upon Indictments of Treason concerning him that he never saw or heard of in his Life To vvhich vvhen the Lord Chief Justice reply'd That all that Evidence did not effect him and that he likevvise told the Jury so the Prisoner Ansvver'd That hovvever it prepossessed the Jury Mr. Keeling being then call'd and Svvorn vvas demanded in Mr. Keeling Sworn gives a general testimony general vvhat he knevv of the Rising to have been last Spring vvho declared That some time the last Summer Mr. Gâ—odenough came to him and brought him three Papers number'd on the back side Of vvhich vvhen the Witness ask'd the meaning the other told him that one vvas for himself and that he vvas to deliver t'other tvvo to vvhom he could trust in the tvvo Divisions That the VVitness ask'd Mr. Goodenough vvhat the Design vvas vvho said To raise Men. That thereupon the VVitness ask'd him vvhether he Design'd a General Insurrection To which the other reply'd That if he did not if the King was taken off this would do well for then the People would know how to have recourse to a formidable Body Lastly That he had heard the said Goodenough say That Colonel Sidney whom he knew Col. Sidney had a considerable part in the Plot. not had a considerable part in the management of that Affair The Lord Howard being next Sworn and desired to acquaint the Judge and Jury what transactions there had been with the Prisoner about the Affair of a general Rising declar'd That about the middle of January last it was considered by some of those that met together That it was very necessary to an Enterprize that had then been long in hand and at that time fallen A Cabal to be set up by the Conspirators flat that it should be reviv'd by some select Cabal that should be set up to give it Life and govern its motions That the first movers of this for ought he knew were the Duke of Monmouth Colonel Sidney and himself Where it was farther agreed That they should think of some few not to exceed five or at the most seven Which agreement being at first between them three the Duke of Monmouth undertook to engage the Lord Russel and the Earl of Salisbury and the Prisoner at the The Prisoner undertakes to engage the Earl of Essex and Mr. Hambdon Bar undertook to engage the Earl of Essex and Mr. Hambden who being presently put together constituted a little Cabal of as many as were intended That between the middle and latter end of January as he the Witness was told the said Persons agreed to enter into a Conjunction of Counsels and met accordingly The first meeting of the Cabal at Mr. Hambden's House at Mr. Hambden's House whither he was also invited That when he came to Mr. Hambdens
Attorney General said He had only one piece of Evidence to give more That he was one of the Accomplices of the Lord Russel and therefore he would give in Evidence his Conviction To which purpose the Lord Howard was ask'd Whether he was not Sworn as a Witness at the Tryal of the Lord Russel who Ansering Yes The next Question was Whether in those debates there were any Reflections upon the King that he Reflections upon the Kings Misgovernment particularly for imposing upon the City had broken his Duty to which the Lord Howard Answered Not personally upon the King but upon his Misgovernment and principally that which they thought was the general disgust of the Nation their imposing upon the City at that time which was the thing then complain'd of and look'd upon as the chief Grievance Then the Copy of the Conviction being Sworn by Mr. T to be a true Copy examin'd by the Original was read Here the Attorney General rested unless the Jury desired to hear the Words of the Libel read again which they did not So that Colonel Sidnâ—y being now free to make his Defence desired The Prisoner desires to know upon what Statute he was Indicted Is Answered upon the 25th of Edward the 3d. in the first place to know upon what Statute he was Indicted to which it was Answered by the Attorney General that he was Indicted upon the Statute of the 25th of Edward the 3d. The Prisoner desired to know upon what Branch of the Statute It was reply'd Upon the first Branch for Conspiring and Compassing the Death of the King To which the Prisoner reply'd That then he conceiv'd that what came not within that Statuâ—e did not touch him and desired to know what the Witnâ—sses had Sworn against him upon that Point the Lord Chief Justice told him repeating the Attâ—rney Generals Words That he was Indicted upon the Statute of the 25th of Edward the 3d. which makes it High-Treason to Conspire the Death of the King and that the Overt Act was sufficiently set forth in the Indictment the Question was Whether 't were prov'd To which the Prisoner pleaded That they had prov'd a Paper found in his Study of Caligula and Nâ—ro and ask'd whether that He puts a Question as to his Paper were Compassing the Death of the King The Lord Chief Justice reply'd He should tell the Jury that Aswered by the Court. and told them that the Point in Law they were to receive from the Court but whether there were Fact sufficient was their Duty to consider Then Colonel Sidney undertook his Defence saying That since he was Indicted upon that Statute he was not to take notice of any other That he was Indicted for Conspiring the Death of the King because such a Paper was found in his Study That under favour he thought that would be nothing to him For that tho Sir Phillip Lloyd did ask him whether he would put his Seal to it He did not ask him till he had been in his Closâ—t and he did not know what he had put in and therefore he told him he would not do it That then came the Gentlemen upon similitude of Hands to which he Answered That it was well known what similitude of Hands was in this Age. That a Person came to him He denies the similitude of hands to be a good proof and told him but about two days before that one came to him and offer'd him to counterfeit any hand he should shew him in half an Hour and therefore he had nothing to say to those Papers Then for Point of Witness that he could not be Indicted much He alledges two Witnesses to the branch to which the Treason relates less Tryed or Condemned upon the 25th of Edward the 3d. for that by that Act there must be two Witnesses to that very Branch to which the Treason relates which must be distinguished For the Levying of War and Conspiring the Death of the King are two different things distinct in Nature and Reason and so distinguished in the Statute and therefore the Conspiring the Death of the King was Treason the other not That the 1st of Edward the 8th 12th and 5th Edw. 6. 11. did expressly say there must be two Witnesses in either of those Acts. That then there was the Lord Howard who only spoke of six Men whom he call'd a Select Council and yet Selected by no Person in the World He desir'd to know Who Selected the Lord Howard or who Selected Him That if they were Selected by no Body it was a Bull to say they were a Selectâ—d Council That if they were not Selected but Erected themselves into a Cabal then they had either Confidâ—nce in one another or found they were ne're able to assist one another in the Design But there was nothing of all that for that those six Men were Strangers one to another That for his part he never spake with the Duke of Monmouth but three times in his Life and that one time was when â—he Lord Howard brought him to the Prisoners House and couzen'd them both by telling the Duke that the Prisoner had invited him and the Prisoner that the Duke invited himself and neither true Now that such Men as those were hardly knowing one another should presently fall into a great and intimate Friendship and trust and management of such businesses as those were was a thing utterly improbable unless they were mad That he found in the Lord Howards Deposition against the Lord Russel That they were in Prosecution of the Earl of Shaftsbury's Design and yet acknowledged that the Duke of Monmouth said he was mad and that he himself said so too That therefore should they have joyned with four more in the Prosecution of the Design of a mad-Man they must be mad too Only whether the Lord Howard would have it thought he was mad because a mad-Man could not be Guilty of Treason he could not tell That the Lord Howard in his last Deposition had fix'd the two Meetings one about the middle of January and the other ten days after but that now he had fix'd the one to be the latter end of January and the other about the middle of February and that then he made it to be the Prosecution of the Lord Shaftsbury's Design but he did not find that any one there had any thing to do with the Lord Shaftsbury that for his part he had not neither had he seen his Face in two Years Then the next thing that he went upon was That The Lord Howard but one Witness what ever the Lord Howard were he was but one Witness That the Law of God and Man requir'd two Witnesses So that for one to come and speak of an Imaginary Council another of a Libel Written no Body knew when was such a thing that never could be got over That if the Law of God were that there must be He pâ—rsues his Argument for the necessity
of two Witnesses two Witnesses to one Fact there was an end of the Matter and that under the Judicial Law the penalty would have been in such a Case to put a Man to Death That then there were but two things which if allow'd no Man vvould be safe for Perjury The one vvas to suffer Men to give their Testimony one to one thing and another to another that the fraud could not be Discover'd and the other vvas to take avvay the Punishment That the Punishment vvas in some measure taken avvay and if the other Point vvere taken avvay vvhereby the fraud could not be Discover'd then no Defence could be made Then he instanc'd the Story of Susannah that both Witnesses should be to the same Point Therefore if there vvere tvvo Witnesses to prove the Conspiracy and that those Matters vvere done in it vvhich vvere Treason he vvas to ansvver it if there vvere not he presum'd And desires Council upon the Point he needed not say any thing to it vvhich if it might not be allovv'd him he desir'd Council to argue it To that the Court made Answer That it vvas a Point of Fact The Answer of the Court. vvhether there vvere tvvo Witnesses allovving that one Witness vvas not sufficient From vvhence the Prisoner inferring that there vvas the Lord Howard and never another the Court admonish'd him not to make those Inferences and that the Jury should be told That if there vvere not tvvo Witnesses as the Law requir'd in the Case they vvere to acquit him Upon this the Prisoner said He vvas Confounded and pleading He expostulates with the Court. by vvay of Interrogatories ask'd the Court vvhat vvas a Conspiracy to Kill the King and vvhether there vvere any more Witnesses then one for Levying War In Ansvver to vvhich the Court bid him not deceive himself or And is answered think that the Court intended to enter into a Dialogue vvith him but Ansvver vvhat he could to the Fact To which the Prisoner reply'd That then there being but one Witness he was not to Answer to it at all The Court told him If he rely'd upon that they would proceed to direct the Jury presently The Prisoner continu'd That then again for Levying War there was no Evidence as to that He Challeng'd the Lord Howard He taxes the Lord Howard of varying in his Evidence also to reconcile what he had said at the Lord Russels Tryal with what he said then That he had there declar'd he had said all he could but that now he had got he knew not how many things that were never spoken of there upon which the Prisoner appeal'd to the Court Whether he had ever spoken a word of what he said then concerning Mr. Hambden That he set forth his Evidence very Rhetorically but that it did not become a Witness who was only to tell what was said and done but that he did not tell what was done and said That he had said they took upon them to consider but does not say what one Man said or what one Man resolv'd much less what the Prisoner did That if those things were not to be distinguish'd but to be jumbl'd together he then knew not what to say Here the Court again advertiz'd the Prisoner to Answer the The Prisoner put upon it by the Court to bring his Witnesses Matter of Fact or if he had any Testimony to disparage the Witnesses to produce it Thereupon the Prisoner urg'd against the Lord Howard That he had accus'd himself of divers Treasons and had no pardon for any that he was under the terror and punishment of those Treasons That he had said he could not get his Pardon till he was past the Drudgery of Swearing That he ow'd the Prisoner a considerable That the Lord Howard owed him Money sum of Money lent him in time of his great Necessity and that when his Mortgage was forfeited and the Prisoner was to take the advantage of the Law he had found out a way to have him laid up in the Tower That he came to the Prisoner's House when he was put in the Tower and in the hearing of the Prisoner's Servants Swore as in the presence of God That the Plot was but a Sham and that he knew nothing of it That he would not only have pay'd the Debt due to the Prisoner by his Testimony but would fain have got his Plate and other Goods into his hands under pretence of securing them That he had protested the same thing to Dr. Burnet as he had done to the Prisoner's Servants and that when he came to Answer it he said he was to face it out and make the best of it he could which he did bravely against God but was very timerous of Man That he had declar'd at the Lord Russels Tryal That he believ'd that the Religious Obligation of an Oath did not consist in the formality of applying it to the place but in calling God to Witness So that when he call'd God to Witness before Dr. Burnet and some others if what he affirm'd to them were not consistent with his present Oath it could not be true or if he Swore both under the Religion of an Oath he Swore himself perjur'd As for Aaron Smith he had Sworn also that the Prisoner sent him but that no Body else spoke a word of it As for the Papers he was not to give any Accompt of them He urges that as to the Papers similitude of hands was no proof nor did he think they were before the Court in regard there was nothing but the similitude of hands offer'd for Proof For this he instanc'd in the Case of the Lady Car Indicted of Perjury for proof of which some Letters of hers were produc'd which were contrary to what she Swore in Chancery and it vvas prov'd her hand was like it but the Lord Chief Justice Keeling directed the Jury that in Criminal Causes it was no proof at all That as to Sir Phillip Lloyd he thought him to be no Witness He objects against Sir Philip Floyd as being the King's Officer and he being prosecuted at the King's Suit For which he urg'd a Case of a great Minister in France whose Treasonable Papers being inventory'd by one of the King's Officers was the reason why they could not be made use of He added farther That the Papers were old Ink and might be written twenty Years ago for ought he knew As for the Consult it was strange that such Men as they who had no Followers should undertake so vast a Design and very unlikely when they had neither Officers nor Soâ—ldiers no time nor place nor Money for it That he had spoken the last time of 20 or 3000 l. but no Man knew where it was to be had only he said the last time it was spoken in Jest That it was a pretty Cabal for six Men to meet about a business and neglect every one of the Points relating
to the business they met about or if any one did speak of it that it was but in Jest Descending then again to the Point of the Papers he began to open the Argument of Filmer's Book alledging it was a Book of ill Fundamentals to which those Papers seemed only to be an Answer But then the Court interrupted him and admonishing him not to spend theirs nor his own time ask'd him whether he own'd the Paper vvhich when he deny'd the Court bid him to proceed to that which was pertinent Colonel Sidney insisted that he had several Points in Law particularly He insists upon several Points of Law whether Conspiring to Levy War were Treason To which the Court reply'd That there could be no doubt in Point of Law till there were a settlement in Point of Fact that if he would agree the Conspiracy they would tell him their Opinions but that they could give no Opinion in Law till the Point were stated That the Conspiracy was prov'd by one Witness and therefore if he had any thing to take off his Credibility 't was to the purpose They also allow'd him to have any part of the Papers read either to execute or explain the Treason which was imputed to him in the Libel So that at length after several Repetitions of the same Objections He calls his witnesses and a long Patience of the Court Colonel Sidney call'd his Witnesses And first The Earl of Anglesey declared That being in Company with the The Testimony of the Earl of Anglesey Earl of Bedford when the Lord Howard came to give him a visit and to comfort him in his Affliction for his Sons being taken he told him he was not to be troubl'd for that he had a discreet a wise and a vertuous Son and that he could not be in any such Plot and his Lordship might therefore well expect a good Issue of that business and he might well believe his Son secure for he believ'd he was neither Guilty nor so much as to be suspected He proceeded farther and said he knew of no such barbarous Design and could not Charge the Lord Russel with it nor any Body else The Earl of Clare declared That as for Colonel Sidney the Lord Howard did with several asseverations assert after the Colonel Of the Earl of Clare was taken That he was as Innocent as any Man breathing and us'd great Encomiums in his praise and then seem'd to bemoan his misfortune which he thought real for that he believ'd never any Man had been more engag'd to another then he was to Colonel Sidney And upon talking of some Papers that were found he said he was sure nothing could be made of any Papers of his And that this was about a Week before the Lord Howard was taken Mr. Philip Howard declared That when the Plot first broke Of Mr. Phillip Howard out he us'd to meet the Lord Howard very often at his Brothers House and that coming from White-hall one day and being ask'd what News he told him That there were abundance of People that had confess'd a Horrid Design of Murdering the King and that their Names were Colonel Rumsey West Walcot and others that were in a Proclamation That he ask'd his Lordship what he thought of the Business to which he Answer'd That he was in an amaze That he adviz'd him to lay hold upon the Opportunity to speak to the discontented Lords to joyn in an Address to the King to shew their Detestation and Abhorrence of the thing as a means to reconcile all things That the Lord Howard promis'd him to go about it but because the Earl of Essex was out of Town it went off That the next day he met the Lord Howard again at his Brothers House and being by him ask'd what News that he Answered The Lord Russel was sent to the Tower to which he reply'd Then we are all undone and desir'd him to go to the Lord Privy Seal and see whether he was to be taken up for that he doubted it was a Sham-Plot for if it were a True-Plot he should fear nothing That he refus'd to go not thinking it probable that his Lordship would resolve him such a Question but that he farther ask'd him If he were not Guilty why he would have him go to which the Lord Howard reply'd Because he fear'd 't was no True-Plot but a Plot made upon them and therefore no Man was free That he met him a third day at the same place and found him very melancholly and that asking him the reason he Answered Because Colonel Sidney was taken Upon which he ask'd him again Why he was not troubl'd the Day before for the Lord Russel who was of his Blood he reply'd Because he had that particular Obligation from Colonel Sidney that no one Man had from another Dr. Burnet declared That the Day after the Plot broke out Of Dr. Burnet the Lord Howard came to see him and upon some Discourse of the Plot with hands and eyes lifted up to Heaven protested He knew nothing of any Plot believ'd nothing of it and said he look'd upon it as a Ridiculous Thing Joseph Ducas declar'd That the next Day after the Colonel Of Joseph Ducas was taken the Lord Howard came to the Colonels House and ask'd him where Colonel Sidney was that he reply'd He was taken by an Order of the King to which his Lordship cry'd O Lord what is that for That he adviz'd him to carry all the things out of the House where they might bâ— safe That he came agaâ—n about seven a Clock at Nâ—ght and that then he told his Lordship of the Report of a Plot to Kill the King and the Duke and of a general Insurrection and of Câ—lonel Sidneys sending into Scotland to which the Lord Howard reply'd God knows he knew nothing of all that and that he was sure had Colonâ—l Sidney beâ—n concern'd in the Matâ—er he would have told him something but he knew nothing The Lord Paget declar'd That the Lord Howard was with him Of the Ld. Paget presently after the breaking out of the Plot and that he told him he was glad to see him abroad and that he was not concern'd in the Disordâ—r to which he reply'd That he had joy from several concerning it and he took it as an injury for it look'd as if he were Guilty but that he knew nothing of himself or any Body else and that though he were free in Discourse and free to go into any Company yet he had not seen any body that could say any thing of him or give him any occasion to say any thing of any body else Mr. Edward Howard declared That as soon as the Plot broke Of Mr. Edward Howard out the Lord Howard having a great Intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assur'd him under great asseverations that he could neither accuse himself nor
the Council of six the Select Council Selected by no Body to pursue the Design of the Earl of Shaftsbury Then what was it to do This was nothing by the Testimony of the Witness were he Credible he said but a few Men talking at large what might or what might not be what was like to fall out without any manner of Intention or doing any thing That they did not so much as enquire whether there were Men Arms or Ammunition That it was a War to be made by five or six Men not knowing one another nor trusting one another for which he instanc'd Dr. Cox ' Evidence at the Lord Russels Tryal Something more he said to the same purpose but concluded as to this Point that the Court was not to make any Constructive Treasons but to go according to plain proof Constructive Treaons belonging only to the Parliament as by the immediate Proviso in the Act and by several other Acts of Parliament appear'd And therefore he thought it impossible for the Jury to find the Matter for that the first Point was only prov'd by the Lord Howard who as he thought was no Body and the last concerning the Papers was only imaginary from the similitude of Hands The Prisoner having thus made his Defence the Solicitor General summ'd up the Evidence and answered all the Prisoners Objections with that Learning and Eloquence that nothing could be more convincing When he had done the Prisoner offer'd again to have spoken to the Court but it was told him that after the Kings Council had concluded the Prisoner was never admitted to say any thing more And then the Lord Chief Justice told the Jury in particular That what the Prisoner had said that was not prov'd and what the Kings Council had said of which there was no proof to make it out was not to be taken into any Consideration Then the Solicitor General desir'd one word more as well for The Solicitor Generals request to the Court in his own and Prisoners behalf his own as the Prisoners Sake That if he had said any thing that was not Law or misrepeated or misapply'd the Evidence that had been given he made it his Request to the Court to rectify those Mistakes as well in Point of Fact as in Point of Law This done the Lord Chief Justice deliver'd his Charge to the The Lord Chief Justice delivers his Charge to the Jury Jury which was so full and so clear that after he had concluded the Jury withdrawing stay'd no longer then about half an Hour in Consultation and then returning brought the Prisoner in Guilty Upon Monday November the 26th Colonel Sidney was again He is brought to receive Judgment brought up to the Bar of the Kings-Bench to receive his Sentence and being ask'd the usual Question He Pleaded first That he conceiv'd he had had no Tryal for that he was to be Tryed by his Country but he did not find his Country in the Jury that Try'd him in regard there were some of them that were not Freeholders and therefore if he had had no Tryal there could be no Judgment To which the Court reply'd That it had been the Opinion of all the Judges of England in the Case last proceeding his that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge at Common Law He then desir'd a Day and Council to argue it but it was told him It was not in the Power of the Court to do it He then desir'd the Indictment might be read again which being done he urg'd that it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law But the Court did not think it a material Objection He urg'd there was no Treason in the Papers and nothing prov'd of them to which it was answered That there was not a Line but what was Treason Next he desired that the Duke of Monmouth might be sent for and offer'd to acknowledge what ever they pleas'd if he would say there was any such thing as a Design or knew any thing of it But it was told him that was over since he had been Try'd for the Fact Upon which he put forth these words If you will He gives Offence to the Court. call it a Tryal which was ill-resented by the Court as if he went about to Arraign the Justice of the Nation Then he complain'd that the Jury were not summon'd by the Baliff but were agreed upon by the under Sheriff and others and ask'd whether that were a good Jury to which the Court made Answer That they could take notice of nothing but what was upon the Record and it appear'd that the Sheriff had made his return What he alleadg'd more was nothing but what he had urg'd The Court pronounces Judgment in his Defence upon the Point of Constructive Treason So that the Court proceeded to Judgment which was given accordingly Which Sentence being afterwards mitigated by His Majesties Grace and Favour he was upon the Day of carryed from the Tower of London to the publick Scaffold upon Col. Sidney beheaded Tower-Hill Where after a very short Preparation with little or no Ceremony he lay'd himself down and had his Head struck from his Body by the common Executioner Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech in which he was so faâ— from Repenting for the Crime which he suffer'd that he rather justify'd himself by complaining of the rigour of his Tryal and broaching those very Opinions to the subversion of Monarchy which were the Subject of those Treasonable Papers for which he was in part Condemned But the Speech has been Printed and therefore there needs no Repetition of a Matter so scandalous On the other side the Lord Brandon Mr. Booth Major Wildman The Lord Brandon Mr. Trenchard and several others discharged Mr. Charleton and Mr. Trenchard and some others that were Bail'd the last Term were then fully Discharg'd THE Charge and Defence OF John Hambden Esq THE 6th of February 1683. Term. Sancti Hillar John Hambden was Tryed before the Lord Chief Justice Jefferies upon an Indictment of High Misdemeanour for contriving and practising to disturb the Kings Peace and stirring up Sedition in the Kingdom The stress of the Evidence against the Prisoner was upon the The Lord Howards Evidence The first Meeting Lord Howards single Testimony who Swore That about the middle of Januaâ—y in the Year 1682 3. The Council of Six of which Mr. Hambden was one met at the Prisoners House where they received from his own Lips a general hint and intimation of the ends of their Meeting which were to consult and advise one with another how to put things into a better Method and posture than formerly That the Questions were started severally while one spoke of the time when it should be