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
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
I would never for my part while I live nor never did while I was a practiser stand upon any particular Jury-man Mr. Att Gen. He may be a Jury-man by Law sure L. Ch. Just There is no doubt of it Mr. Attorney Mr. Att. Gen. My Lord If your Lordships have given your Opinion I desire he may stand by L. Ch. Just Well Mr. Attorney waves him Let him stand by Mr. Att. Gen. But for no Reason that has been offered L. Ch. Just No no I don't hear any thing of Reason offered for it Cl. of Cr. Mr. Galliard You may go down Thomas Harriott Esq Jur. Thomas Earsby Esq Jur. William Avery Esq Jur. John Sharpe Esq Jur. Richard Shoreditch Mr. Williams We challenge him for the Defendant L. Ch. Just What is your Cause of Challenge Mr. Williams There is the same exception to him L. Ch. Just If Mr. Attorney will consent with all my heart Mr. Sol. Gen. No we humor'd you in one we won't humor you any more Mr. Williams Nay here is something more clear for us He is a Serjeant at Arms attending His Majesty Mr. Just Wythins You know our Opinions already Mr. Williams unless Mr. Attorney consent we can't do it Mr. Williams We only acquaint Mr. Attorney with it we must submit to your Rule he is certainly Serjeant at Arms he came in the place of Dereham that let my Lord Gray escape Mr. Att. Gen. Pray prove it I don't know it for my share Mr. Williams Will you ask him the Question Mr. Att. Gen. Pray prove it Are we to gratifie your Clyent Pray let him better instruct his Counsel L. C. Just If Mr. Attorney consent not then he must be sworn Mr. Att. Gen. If there be enough without him that do appear let him stand by Cl. of Cr. Stand down Mr. Shoreditch Charles Good Esq Jur. Mr. Att. Gen. That it may appear how fair things were carried they would not strike out one of these Men when they came before the Protonotary as they might have done Mr. Just Wythins Truly that was not well done to trouble the Court when you might make your exceptions there Mr. Williams We did not know it then now we do we offer it to the Court. Cl. of Cr. Sam. Rouse Esq Jur. Hugh Squire Esq Jur. Nehemiah Arnold Esq Jur. and John Bifeild Esq Jur. Then the Jury were numbred and the 12 sworn were these Sir Charles Gerard Baronet Jur. Roger Jennings Esq Jur. Henry Hodges Esq Jur. Thomas Harriott Esq Jur. Thomas Earsby Esq Jur. William Avery Esq Jur. John Sharpe Esq Jur. Charles Good Esq Jur. Samuel Rouse Esq Jur. Hugh Squire Esq Jur. Nehemiah Arnold Esq Jur. John Bifeild Esq Jur. Cl. of Cr. Gentlemen of the Jury You that are sworn Hearken to your Charge The Defendant John Hambden stands Indicted by the name of John Hambden of the Parish of St. Giles in the Fields in the County of Middlesex Gent. Prout in the Indictment mutatis mutandis To this Indictment he has pleaded not Guilty and for his Tryal puts himself upon the Country and the Kings Attorney General likewise which Country you are your Charge is to inquire whether the Defendant be Guilty of the great Misdemeanour whereof he stands Indicted or not Guilty if you find him Guilty you are to say so and if you find him not Guilty you are to say so and no more and hear your Evidence Then Proclamation was made for Evidence in usual form Mr Holoway May it please your Lordship and Gentlemen you that are sworn I am of Counsel for the King upon this Indictment Gentlemen the Indictment sets forth that the Defendant being a Seditious Malitious Evil disposed Person and Seditiously and Maliciously intending to disturb the Peace of the Kingdom the last day of June in the 35. year of his now Majesty's Reign and divers other days and times at the Parish of St. Giles in the Fields in your County did unlawfully assemble and confederate himself with divers Evil-disposed Persons Subjects of our Lord the King and then and there with those other persons did Falsly Maliciously and Seditiously consult and conspire to make an Insurrection in the Kingdom of England and to provide Arms and Armed men in divers places of the said Kingdom And the better to compleat his Evil Intentions the said last day of June did consult and agree to send certain persons to the Jurors unknown into Scotland to invite several Evil-disposed Persons there to joyn in this Conspiracy This is the Substance of the Charge and to this he says He is not Guilty If we prove him so we do not question but you will find it Mr. Att. Gen. May it please your Lordship and you Gentlemen of this Jury Mr Hambden stands Indicted of an High Misdemeanour for conspiring with several others to raise Rebellion within the Kingdom and to crave the Assistance of the Brother-hood of Scotland Upon the face of the Indictment Gentlemen it appears to be a very high Crime and the matter of this indeed has been formerly in examination in other Tryals and yet the Party you may observe do not acquiesce in those Tryals but think the Persons accused lay under very great hardships and that to a very great degree as not having the advantage of Counsel nor to have their Witnesses examined upon Oath and therefore Gentlemen the King is pleased to go less in this Case than in the others That this Gentleman who is now before the Court may clear his innocence if he has any Witnesses to do it And if there be any advantage that the having of Counsel can contribute to his Cause he has that allowed him too The Course of our Evidence Gentlemen will be this We shall prove to you that Mr. Hambden with five other Persons I shall name them The Duke of Monmouth my Lord Russel Mr. Sidney my Lord of Essex and my Lord Howard they met several times the particulars we shall give you an account of one was at Mr. Hambden's house another was at my Lords Russels where they did contrive together and took upon them to be a Juncto or a Counsel of Six collected out of the wisest men of the Kingdom to consider how they might better the Affairs of the Nation and how they might make a Stir For they thought there was no way possible otherwise of doing it but by their joynt Counsels to carry on a Rising And that they might do it the Better they resolved to crave the Assistance of Scotland Gentlemen We shall give you an account of their Consults and Debates and shall shew you that at length they came to a Resolution That the rising was to be carried on joyntly in London and the several parts of the Kingdom in several Countries at once Then they came to think and consider whether it were not best to send into Scotland to draw them in too And thereupon it was agreed by this Juncto That they would send thither and the management of
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 what
you know of any meeting by the Gentleman that is now accused and the Duke of Monmouth my Lord Russel your self and others and when Tell what you know L. Howard My Lord in January last was 12 Month about the midst of January I was called out by Colonel Sidney being then in my Lodgings in Southampton-street and carried by him to Mr. Hambden's House I do not know what they call the Street but the same side of the way with the Fine House that is in Bloomesbury Mr. Jones By my Lord Mountagues House that now is you mean L. Howard Yes of the same side of the way When I came there there was my Lord Russel and the Duke of Monmouth Colonel Sidney and I went together Mr. Hambden was then in the Room where they were Afterwards came in my Lord of Essex this made up six When they were there we fell into Discourses Mr. Att. Gen. Pray my Lord before you come to tell the particular Discourses give an account how and upon what grounds you came to have this Juncto of Six L. C. Just If you please my Lord Pray give an account of the preliminary passages L. Howard My Lord After the disappointment given to an Undertaking that was begun by my Lord Shaftesbury which was in October or November before in November he dyed After that truly I cannot say but that Colonel Sidney and my self might be and were the two first that did give the Rise to it For being in Discourse We said it was absolutely necessary that there should be some Council erected to give some steadiness to the Motions L. Ch. Just My Lord I would not willingly interrupt you But you seem to speak of a disappointment given to an Undertaking by my Lord Shaftsbury Pray what was that Undertaking L. Howard Your Lordship has heard of that before and know it very well L. Ch. Just Tho' we know it the Jury do not They have not heard it Judicially at least L. Howard Because it has been in the Printed Books every body I suppose knows it L. C. J. But that they cannot judicially take notice of L. Howard That is something a long History my Lord· L. C J. Tho' it be we must hear it Mr. Att. Gen. Pray make it as short as you can my Lord. L. Howard So much as I can give accompt of is this It was about the day after Michale's day that I came to my own House having been before in Essex and that I think was Saturday The Monday following Captain Walcott came to me and dined with me and after Dinner told me My Lord of Shaftsbury had left his House and had betaken himself to a private Lodging and had hid himself from the rest of his Friends but had a great Kindness for me which Kindness truly I wish he had spared and desired to see me I took time to consider of it but I bid him go back to my Lord of Shaftsbury and tell him if he had any thing of an extraordinary Nature to acquaint me with I would come and assist him all I could He came the next day again and shewed me to my Lord Shaftsbury's Lodgings He lodged then at one Watson's House a Citizen I know not what Street they call it but it was in a little Street down by Wood-street And when I came to him I found my Lord Shaftsbury very much differing from what he used to be which was more cautious and presently he fell to tell me that he was forced to withdraw himself from his own House for fear of being attacked again by Sham-Charges and Plots and false Evidence as he had before For now he said He saw they had the Possession of all Juries by having those Sheriffs which were imposed upon the City as he said and he could not think his own life or any Mans Life safe for to be accused was sufficient to bring his Life into very great danger and for that Reason he had with drawn himself to that private retirement and being there he was resolved to make some speedy Push for recovering of the Liberties of England that there was Preparation made in the City of several 1000 of Men that were all in Readiness to Rise and that for his part he was resolved to be set on Horse-back for get on Horse-back he could not and that there were great numbers that were ready when he did but hold up his Finger to be drawn together at any time That divers had been drawn out of the Country to joyn with them by insensible parties of Horse I think he named about fourscore or an hundred Which since I found were to be headed by Col. Romsey upon the day of making and declaring the Sheriffs but finding there was nothing done he withdrew himself and his Man thither but there was such a general Preparation in the City that if some Lords did not unhandsomely desert them they should be in readiness for Action quickly I askt him who he meant He told me the Duke of Monmouth and my Lord Russel had very unhandsomely deserted him for they had promised and undertaken to be in Readiness with Men out of several Countreys in which they had an Interest he named Somersetshire Devonshire and Cheshire I think and that my Lord Gray should be disposed of into Essex to do the same there and if they had held on this Resolution it had been such a sure Game that it could not have failed But says he they are started and say they cannot be in Readiness to do it My Lord I very much wonder that those Persons you named should ingage in any Design and fail of performing what they promised Says he I 'll assure you 't is so And so he proceded to speak several sharp things of the Duke of Monmouth upon the account of his Ambition that he thought to have all under his Command Which was a Secret lurking Ambition in him that he said he always suspected the Duke to be guilty of And now he found his suspitions true That unless he might Command all he would do nothing But for his part since he found the matter so he was resolved to go on alone rather than fail in his Design Said I my Lord I should be very forward to concurr with you in any thing but I wonder your Lordship should step into an Action of such danger thus divided from those that are most likely to assist you in it I cannot help it said he I have left my House and must go on My Lord said I pray give me leave to go to the Duke of Monmouth and expostulate the matter with him and I will come and give you an accompt again Says he 't is to no purpose I dare say Said I my Lord pray let me go and try for I would not have you divided but I will promise you this I will not tell him I come from you but as from my self discourse it with the Duke Well said he if you
will you may This was upon Tuesday I think the 3 d. of October the 3 d. or 4 th So I went to the Duke of Monmouth the next day which was Wednesday and finding him not at home at his House in Sohoe and being told he was at Moor-Park I took an Occasion to go to Moor-Park and I came there a little after Dinner and took him aside and told him all this that I now have spoken about my Lord of Shaftsbury Says he I think the Man is mad What does he mean We did undertake to do this 't is true but not by that time he speaks of and things are not ready I know not what his own Fears make him do but he does act so preposterously that he will undo us all Said I my Lord all that I shall desire is that there may be an interview betwixt you and discourse the thing with one another or else it may be a thing of very fatal Consequence for him to step into an Action of this danger and concern while you are thus divided With all my Heart says the Duke I would have nothing more I desire to speak with him This made me recoil back again to my Lord of Shaftsbury the next day and I told him all this and desired he would give a meeting says he I see they are false then to say they did not engage they were engaged and that against this time too the Confirmation and Swearing of the Sheriffs and now for me to meet with them I know I shall run out into Passion and Anger and therefore 't is better omitted Said I my Lord I must positively insist upon it I must have an interview between you for 't is a Madness for you to go on thus divided in so great a Business I could not prevail he would not but he told me if I would I might go to them from him and let them know I had been with him for before I pretended to have it from a third hand and not from my Lord himself and if they would be in a Readiness with what they promised from the Countrey he would ask nothing from the City he would take that place upon himself if they would perform their engagement for other Parts but he resolved to go on So I went to the Duke of Monmouth's again and told him what he said That I could not by any means get him to an interview Says the Duke he is a strange Man I know not what to do with him we will all be in Readiness assoon as we can but it is impossible to do it so soon I went to my Lord of Shaftsbury again on the Saturday and did then positively engage him that he would give a Meeting to me and the Duke of Monmouth and some others And we appointed time and place he appointed to come out in a Parsons Habit and a black Perrywig to his own House which he thought the safest place because he would not discover his Lodging to any of them for fear it should come to be known With these Instructions I came to the Duke of Monmouth to prepare him about it and proffered him to be ready the next day at Evening with my Lord Russel to go to him All this while I had not spoken to my Lord Russel but only to the Duke of Monmouth And the next day when I came from Church to my own House there met me a Message from Colonel Romsey who I understood by my Servants had been there and left his Name With this Message that he came to tell me the Gentleman that was to meet could not meet This was so confused a matter that I was Impatient till I knew the meaning of it I took my Coach and went directly to the Duke of Monmouths again and he told me Colonel Romsey had been with him and told him my Lord of Shaftsbury was apprehensive there were a great many Tories about his House and he feared being discovered and therefore had remov'd his Lodging and so could not meet but we should hear from him in two or three days So that was the last time that I saw my Lord of Shaftsbury or indeed in a direct Line did hear from him collaterally by Walcott I did afterwards hear but by this means we were at a loss After this the Duke of Monmouth did tell me for he did not own to me that he saw him but indeed swore to me he did not see him but I find since he did That he would do what he could to prevent any untimely dangerous undertaking But after this it seems they had a Meeting at Mr. Shepherds House where my Lord Shaftsbury sent a Message to him and my Lord Russel but the Duke of Monmouth only told me that my Lord Russel had met with him and seen him but he never owned that he had met him himself or seen him About four or five days after Captain Walcott came to me and told me such a day was set for the Riseing Upon which being startl'd I had nothing to do but recoyl back to the Duke of Monmouth and endeavour to stop any rash Proceedings and it was stopped as I thought and so it continued for two or three days and at that time which was in October there was a Rumor up and down whispered as if something would be attempted but what it was we did not know but thus it went on for two or three days and then it meeting with a disappointment upon the Consultation at Mr. Shepherds my Lord Shaftsbury took up his Resolution to be gone and went away to Holland and dyed in Holland This is the Substance of that accompt which I can give of those former Transactions Mr. Att. Gen. Now give an Accompt of what was subsequent to this Lord Howard This was in November After this there being frequent Conferences between Colonel Sidney and me for Colonel Sidney by the way knew nothing of all this and I was caution'd by my Lord Shaftsbury that I should not tell my Friend Sidney any thing of it and asking him the reason why I should not Says he I can't well tell but you will wonder when I tell you that his own Friend Major Wildman has barred him and would not let him know it The Gentleman is now dead but I will assure you he did know nothing of this for a Month after For he was gone into the Countrey but after my Lord Shaftsbury was dead I told him the History of all these Transactions which he was before a Stranger to After this when I had acquainted him with what had been intended in London and what Preparations had been made and how what was intended had been suppressed and in what posture affairs then stood We then took up a Resolution to form a Council that might for the time to come give such Directions as might regulate the Motions of this Affair Thereupon we began to think of the Persons who they should be He undertook to
speak to my Lord of Essex and Mr. Hambden and I was to bring the Duke of Monmouth to a right Understanding with him in it So I went to the Duke of Monmouth and told him Col. Sidney did present his Service to him and would willingly wait on him but that he thought it would do him hurt because he was a person of such Note and thereupon so obnoxious that it might prejudice him to have him seen to come to him and therefore if his Grace would please to appoint any third place he should be very glad to kiss his Hand Says the Duke I do not know any where truly to appoint Why then said I I will tell you a place Let us e'en go to his House having before prepared Colonel Sidney for it and take him by Surprise and dine with him and then there will be the less Suspicion But said I you must not expect to be treated as the Duke of Monmouth because he does not expect you but take him as a Philosopher and dine with him as he uses to dine at his own Table Says the Duke of Monmouth I care not for Entertainment I will go with you And there at that time did the Duke of Monmouth undertake to bring in my Lord Russel and my Lord of Salisbury This was the only Discourse preparatory to it that ever I knew of Within a Fortnight or three Weeks after nay I think it was less than Ten Days after Colonel Sidney came to me and told me my Lord of Essex was very forward in it The Duke of Monmouth would prepare my Lord Russel and my Lord Salisbury and he himself did not doubt but Mr. Hambden was very willing to be in it too and they had appointed a Meeting at Mr. Hambden's House and he would carry me thither to the House and this was the first Meeting that I knew of and there we met all Six Mr. Att. Gen. About what time was that Lord Howard It was about the middle of January and truly I think I could reduce it to a certain day or two by the persons where I lodged Mr. Att. Gen. What was debated there Lord Howard When we came there every one discoursed what he would There was a Discourse of the Time and Places where to rise but among other things it was resolved as a principal Point that there should be a Preparation made for the Design by a Treaty with those of Scotland and an Understanding setled with Argyle and a Messenger sent to my Lord Argyle and others And before this was done we could not be ripe for any Resolution But this must be speedily done L. Ch. Just Pray my Lord give me your Favour I would not interrupt you but to make things clear as we go I desire to ask you when you came first to Mr. Hambden's House who spake first when you were all met together Lord Howard Every body discoursed what they pleased L. Ch. Just But who gave an Account of the Reason of the Meeting Will you please to recollect and tell what you know who began the Discourse Lord Howard Something introductive to it was said by Mr. Hambden we being at his House as 't is natural to conceive for any Gentleman at whose House People are met to say Pray let us sit down and talk of our Business Something leading and introductive was said by him L. Ch. Just Pray my Lord as near as you can remember will you give an Account what was the thing he began to discourse of Did he seem to take any Notice or have any Knowledge of your Meeting and other things before Lord Howard It was a general Hint and Intimation to us of the Ends of our Meeting that we were there come to consult and advise one with another how to put things into a better Method and Posture than formerly And he desired that we would sit down and discourse of these things My Lord I would not charge my self with Particulars positively Mr. Attorn Gen. Upon what Questions did you debate and consult my Lord Lord Howard Those were started severally Some would speak of the Time when it should be whether it were not convenient now or when Others offered something concerning the Places whether it should be begun in the City or in the Country or both together Others took it into Consideration what Persons were to be prepared in the several Countreys to be assisting in it that were probable to carry it on And then some discoursed concerning the raising of Money and then what summ should be raised and I think that was started by the Duke of Monmouth but I am sure the summ that he named was 20 or 30000 l. The last thing that was talked of but which was concluded to be the thing principally to be taken care of was the setling such a Concurrence and Correspondence with Scotland that they might chime in at the same time that so we might give as many diversions both from home and abroad as could be at one and the same time Mr. Att. Gen. My Lord Howard Did Mr. Hambden discourse of this matter Lord Howard I cannot speak to the Discourse of any one in particular for I cannot say it was put to the Vote as we formerly express it but it may be said we were all consenting and concurring Lord Ch. Just Did any of you dissent from the Riseing Lord Howard No no my Lord. Mr. Att. Gen. Did any of you oppose it at all Lord Howard No no That was discoursed of as a thing resolved L. C. J. I ask you this Question my Lord Howard Was there any sort of Complaint made of the Government That it was uneasie and that occasioned you to enter into these debates L. Howard There was I cannot say a Complaint because there was no Person to complain to but it was spoken of as a matter of great grievance that such a Force and Violence should be put upon the City in their Election of Officers and the tendency of that as to all Juryes tho' I cannot distinctly remember the particular things L. C. J. You say you were talking of a Messenger to be sent into Scotland to my Lord of Argyle and others to chime in with you in this matter as you say pray did you come to any Resolution about that and what did you resolve upon L. Howard That there should be one only at that time And afterwards it was the matter of the debate at the next Meeting which was that Meeting at my Lord Russels which was about this time twelve-month in February sometime Mr. A. Gen. How long after the first Meeting at Mr. Hambden's was that L. Howard My Lord I think it was about a fortnight Mr. Att. Gen. Who was there L. Howard The same Persons that met before But then there was little spoken of but the Business of Scotland L. C. J. Was Mr. Hambden there at the second Meeting L. Howard He was there L. C. J. At my Lord Russels you
shew him the way And I sent for this Man and when he came to him he hired him to go with him and I was by L. C. J. When he first came to your house about the middle of February was twelve month Whither was he bound then Northward or Southward Mr. Sheriffe He was going to Scotland that is Northward L. C. J. And you say after he came back again and lay another Night at your house Mr. Sheriffe Yes ten or twelve days after he did L. C. J. And which way went he then Mr. Sheriffe Then he came Southwards towards London L. C. J. Did you take exact notice of the Man Mr. Sheriffe Yes I saw him before his Majesty and the Council L C. J. And upon your Oath that same man you saw there was the same man that lodged at your house in February was 12 month Mr. Sheriffe Yes it is Mr. Att. Gen. What name did he go by at your house Mr. Sheriffe He went under the name of Mr. Clerke but what his Sirname was I can't tell L. C. J. Had he a servant with him Mr. Sheriffe He had a man with him that stay'd at our house during the time of his going Northward Mr. Att. Gen. What did he call his name Mr. Sheriffe Wil. Langston Mr. Att. Gen. Did he desire you to furnish him with a guide Mr. Sheriffe He told me his Servant did not know the way and his horse was a little lamish and desired me to get a guide for him For after he had dined at our house it happened to be a rainy day and he could not go further that night and therefore desired me to get him a man that knew that Countrey and I sent for this same man and he hired him and he went along with him next morning my Lord. Mr. Att. Gen. Whither was he to go Mr. Sheriffe Truly I did not know but he told me he did not know the way into Scotland and I directed him to a Gentlemans house at Jadbrough in the way Lord Ch. Just Is that the Road to Scotland Mr. Sheriffe Yes the high Road to one part of Scotland L. C. J. Did he tell you to what part or place of Scotland he was to go Mr. Sheriffe He named the West of Scotland I think he named Douglas but I do not know what place certainly he designed for Mr. At. Gen. Then where is Bell Bell Here. Mr. At. Gen. Had you a view of this man they call Aaron Smith Bell Yes I had Mr. At. Gen. Give an accompt whether you saw him in the Northand when and where Bell This man Mr. Sheriffe sent for me I live at New-Castle and there I keep Hackney Horses to serve any Gentlemen or be a Guide to them as there is occasion and Mr. Sheriffe sent for me and when I came he told me the Gentleman wanted a Guide into Scotland We immediately agreed it was upon Thursday night before that we call Easter Eve Lord Ch. Just When was it say you Bell It was the Thursday before Easters-Even so they call it with us that is Shrove-Tuesday L. C. J. Ay they call it so in those places because 't is the Even of the Fast of Ash-wednesday the beginning of Lent Well go on Bell We went away on Friday the next morning on our Journey towords Jadbrough and the 2d day which was Saturday in the afternoon my horse tired whereupon he left me with my horse and took the Mans man of the house where he left me to guide him for my horse would not ride up with him being tired and he resolving to go on and he bid me follow him on the Sunday morning to Jadbrough Town which I did and we stayed there all Sunday And on Monday morning I saw him take horse and another man that was his guide and away they went as I think he said towards Douglas he was going And he pay'd me and I returned again from him to New-Castle and left him L. C. J. Pray how far was this you say you went with him to Jadbrough how far distant is that from New-Castle Bell. To Jadbrough my Lord L. C. Just Yes Bell. 'T is Forty Miles my Lord. L. C. Just How near Scotland is it Bell. 'T is within some six Miles of the English Border L. C. Just Did you see him at any time after that Bell. I saw him at his coming back again being at Sheriffs house his Wife asked me if I would go up and see the Gentleman that I went with towards Scotland So I went up and he made me eat and drink at the Table with him Mr. Att. Gen. What Name did he go by Bell. He went by the name of Clerk Mr. Att. Gen. Was there any Servant with him Bell. There was a Man that came with him as a Servant there and was all the time at New-Castle that he was gone towards Scotland till he came back again L. C. Just Mr. Attorney Did this Man see Smith at the time the other saw him Bell. Yes I did L. C. Just And is that the Man that went by the name of Clerk at New-Castle and that you went with towards Scotland Bell. Yes It is Mr. Atterbury And when they charged him with it Aaron Smith did not deny it Mr. Att. Gen. Did you go any by-Road to get into Scotland Bell. No 't is the Road Gentlemen usually go to Jadbrough and so on because 't is something the nearer way to that part of Scotland as we judge it to be therefore Gentlemen use it Mr. Att. Gen. Is it an high-open-Road Bell. Yes 't is the high-open Way to that part of the Country Mr. Att. Gen. My Lord Howard Pray were the Names of any of the Scotch-men mentioned at your Meeting that were to be sent for L. Howard Yes There was my Lord Melvin Sir John Cockram and one Cambell Mr. Att. Gen. Now my Lord We will give you an account That as Smith went into Scotland so these persons soon after came into England Jury-Man My Lord We desire that my Lord Howard would name those Scotch-men that were to come L. Howard There was my Lord Melvin Sir John Cockram and one Cambel one that was of my Lord Argyles Name and Family and there was another Name but I can't remember what that Name was Mr. Att. Gen. We shall give you an Account my Lord That they came immediately after this to Town and at the breaking out of the Plot they Absconded L. C. Just Mr. Attorney Has my Lord Howard his Pardon Mr. Attorney Yes my Lord he has L. C. Just Then your Lordship may be covered L. Howard I can't tell but they may ask me some Questions Mr. Att. Gen. Then you may be uncovered when they ask them in the mean time your Lordship may be covered Swear Sir Andrew Foster which was done Pray Sir will you tell my Lord and the Jury what you know about the Cambell's and Sir John Cockram's being in Town Or any other Scotch-men that
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
Guilty as he declares It is but reasonable to conjecture he then began to place his Security in a Pardon and that there were no other means to save his Life and that the way to it must be by some further Discovery of a Conspiracy against his Majesty and the Government And having since obtained a Pardon it is agreeable That whatsoever my Lord Howard has done in this Case he has done for his own sake to purchase his own Pardon for a Treason he was so deep in and to out-do all the Witnesses that went before him by fresh Testimony against the Defendant and others This might incline him to go an Inch or two or more beyond the Discovery of Keiling West and Romsey to have but said the same thing that was proved by Three or Four Witnesses before him might not perhaps have availed him may not the indifferent believe it in this Case to be the Interest and Security of my Lord Howard by these means to merit his Pardon May it not be believeable that what he hath said he hath said only for his own sake and that he has by exposing this Gentleman and the Blood of others procured himself a Pardon L. C. Just. What do you mean by that Mr. Williams Mr. Williams By being a Witness against the Defendant and others he has procured his own Pardon L. C. Just That is a little harsh Expression Mr. Williams My Lord I explain my self thus L. C. Just 'T is an harsh Word and too roundly expressed You had need to explain your self 'T is a little too rank as though the King's Pardon were to be procured by Blood Mr. Williams My Lord I intend nothing of hardship or amiss but to speak according to my Instructions and to make the best Observations I can out of the Evidence for my Clyent I will express my self as well as I can That my Lord Howard being a Witness against Men in a Case of this high Nature and there being other Witnesses before and besides himself to the Discovery of the late Conspiracy against the Government it concerned him to give an home Evidence in the Case or else he could not have any expectation of his Pardon For if he had done no more than what others had done before him when there were three Witnesses besides and they had got the start in the Discovery his discovery had been in vain and therefore he was concerned perhaps to strain that he might make such a Discovery as might answer his end and this will arise naturally I suppose out of what has happened in this Case For it seems though it was something long before he got his Pardon now he has it My Lord another thing is this How far my Lord Howard will be credited in this Matter we shall leave his Credit to you Gentlemen upon what we shall prove For we shall make it out by persons of great Honor and persons of great Integrity That upon Discourse concerning this Conspiracy my Lord Howard did declare That he knew of no Persons that were Guilty of having any hand in it he declared it upon his Honor he declared it upon his Religion and he used all the Asseverations that were possible for a Man to offer to make himself believed My Lord It may be Objected as it has been some times that that was to out-face the Conspiracy and so stop the Prosecution of that he knew himself so Guilty of But however thus far we may make use of it for the Defendant That if my Lord Howard would in the Face of Heaven pawn his Honor his Trust his Conscience and his Religion to assert that which was not true and under all those Vows and Ingagements affirm an Untruth a Man that would deal so and speak an Untruth with that Solemnity I think is not a Person of the same Credit as a Person of certain known Truth and Veracity For if a Man will say one thing one time and that with solemn Vows and Asseverations and Swear another thing the quite contrary another time he does not stand so fair for Credit I think as he that alwayes maintains and avows the Truth So far we may make use of it very safely I think as to my Lord's Credit My Lord Another matter that we have to urge is That since the Tryal of my Lord Russel and since the Tryal of Collonel Sidney my Lord Howard has in discourse owned that my Lord Russel died Innocent If that be true it will have a great weight sure with you Gentlemen to discredit my Lords Testimony For then he hath Contradicted what he hath Sworn For if my Lord Swore that my Lord Russel was Guilty as all the World knows he did and afterwards Soberly and Publickly shall have said he died Innocent he has contradicted his own Evidence and his own Oath and sure is not to be believed as to what he Swears now against the Defendant My Lord It did not rest there but since the Tryal of Collonel Sidney it will be proved by Witnesses that my Lord Howard did declare That Collonel Sidney had hard Measure This will be proved by Witnesses and 't is rather to be presumed He meant hard Measure as to his own Testimony which he was best knowing of than of any thing else as to his Tryal Now how this Person of Great Honour can Solve this and how it can stand with his Oath and his Honour I will leave it to you Gentlemen to judg of it My Lord I have another matter to say That with me seems to have very great weight My Lord Howard upon some occasions has said being in discourse with a very great Intimate of his and the man being speaking of the World to come speaking of Eternity speaking of the Immortality of the Soul speaking of the Rewards and Punishments of another Life my Lord Howard should say to him How long wilt thou persist in this Folly How long wilt thou be so Foolishly prevailed upon as to believe the World was ever Made or will ever have an End My Lord If a Person be of that Opinion and a Mans Judgment in such things will discover it self in his Words How far the Testimony of a man of that perswasion shall influence a Jury when he stands single when there is no Fact to Justify him in point of probable Circumstance will be easily observable and I must leave it to the Gentlemen of the Jury to consider My Lord We have another saying of my Lord Howards which we shall give you an account of in the Proofs and that was in Relation to his Pardon Being free in discourse as my Lord is a Man very liberal that way and his Friend inquiring whether he had his pardon No sayes he Nor I cannot have it till the drudgery of Swearing be over Truly 't is a very odd thing That a Man should call that Drudgery that is his Duty To testify the Truth is as much the Duty of every honest Man as
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
so carefully behaved himself that he was sure they could not touch him with any thing nor did he know any thing of any body else that he could charge them withal Mr. Williams When was this my Lord L. Paget This was the 7th of July Mr. Att. Gen. Pray good my Lord Why did you joy my Lord Howard had you any reason to mistrust my Lord L. Paget No other reason then because I knew he was a man of great freedom in discourse and might be concerned upon that account Mr. Att. Gen. And he would frequently discourse against the Goverment I suppose L. Paget No I never heard my Lord discourse against the Government in my life Mr. Williams Sware Dr. Burnet which was done Pray will you Doctor acquaint the Court what you heard my Lord Howard say concerning the late Plot and when Dr. Burnet My Lord Howard came to see me the day after the discourse of the Plot broke out Thursday I think it was on Wednesday it began to be talked of The thing was little understood then but in general a Plot was discovered and my Lord with a great many Protestations lifting up his hands and eyes to Heaven protested he knew of none and believed there was none and spake of the whole thing as a Contrivance Mr. Williams This was the day after the Discovery broke out Dr. Burnet Yes the day after that I first heard of it Mr. Williams Had you any other discourse with my Lord about it Dr. Burnet I had not seen my Lord before of some Months And then he spake a great deal to me He told me he had been in Essex and after that he went to the Bath and went so early and came away before the Company came because he would avoid all danger And he expressed great apprehensions of fear of Sham-Plots and spake of False Witnesses and former designs of that Nature The truth of it was one had possessed me much with a belief of the thing it being then but a secret but he strove to dispossess me of that belief and his whole discourse ran upon that for an whole hour and expressed as I said great fear of some Sham-Contrivance and spake much of false Witnesses wishing that he were beyond Sea L. C. J. What he spake as if there were like to be great heats and stirs I suppose Dr. Burnet No the talk was about the Discovery which he said he believed was a Contrivance Mr. Williams Did my Lord Howard use to come to you some times Dr. Burnet Yes he used to come frequently to see me Mr. Att. Gen. Dr. Burnet Pray let me ask you one Question you spake of solemn Declarations and Protestations made by my Lord Howard what gave the occasion to such a Solemnity Dr. Burnet I will tell you the occasion truly tho it was never asked me before It was thus I being possessed with the belief of the thing by one that assured me it was true and would soon appear to be so I argued upon that belief to convince my Lord Howard that it was true and he argued a great deal to dispossess me of that belief And I said if there be any such thing I pray God forgive them that are concerned but certainly it is one of the monstrousest ill things that ever was done for hereby they have done all that could be done to ruine the Protestant Religion He was smoaking a Pipe of Tobacco and he laid down his Pipe and lifted up his hands and eyes to Heaven and protested to me he neither knew of any such thing nor believed it but it was all a Contrivance Mr. Att. Gen. By his discourse you possibly might understand what he meant did he mean being privy to the Murder of the King or the raising of Rebellion Dr. Burnet There was not a word then of the Assassination but it was all of the Plot in general Mr. Att. Gen. Did he make no distinction Dr. Burnet We talked of nothing but Plot in general For the particulars were not then known It was only about the general notion of a Plot. Mr. Att. Gen. Pray what was the reason you had to believe it Dr. Burnet There was a Gentleman from Whitehall that came to see me and he did assure me it was true as being one that had it from a Privy-Councellor This was on the Wednesday when the Council sate long about it and nothing of particulars was then let out but only a discourse in general of such a thing and he said it would be found to be a certain truth Mr. Att. Gen. But Doctor did not you a little wonder at the carriage of my Lord Howard That a man that was not accused that you heard of should make such solemn Protestations Dr. Burnet My Lord he said just in this manner as I have told you when I said Pray God forgive them if any have been concerned in such a thing he laid down his Pipe and lift up his hands and eyes Whether he thought I suspected him or no I can't tell he best knows his own thoughts Mr. Att. Gen. Did he say a word of Mr. Hambden Dr. Burnet No there was not any particular person named Mr. Recorder Doctor he would not make you his Confessor Dr. Burnet His whole hours discourse was to dispossess me of the opinion and belief I had entertained of the Plot. Mr. Just Holloway This was about July you say Dr. Burnet I cannot remember the very day of the Month I believe it was the latter end of June but I am sure it was before any body was Committed that we heard of Mr. Recorder Dr. Burnet you say you did believe there was a Plot then Dr. Burnet Yes I did so and he laboured to dispossess me of that belief Mr. Recorder Pray do you believe it now Mr. Williams What a question is that Mr. Serjeant Dr. Burnet I make no doubt of it Sir as to the Assassination Mr. Att. Gen. My Lord Newport Why do you lift up your hands you don't do well for it is a very proper question L. C. J. Well call your next Witness Gentlemen Mr. Thompson Swear Mr. Gisborne which was done Mr. Williams Pray Sir will you acquaint the Court and the Jury what you have heard my Lord Howard say about the late Conspiracy Mr. Gisborne My Lord only said he knew nothing of the Plot that is all I can say Mr. Williams When was this Mr. Gisborne The Saturday before he was taken into Custody then it was that your honour did say so my Lord. Mr. Att. Gen. Ay and 100 more I believe would say so that might be concerned in it for all that Mr. Williams Swear Mr. Blake which was done Pray acquaint my Lord and the Jury what discourse you had with my Lord Howard about his Pardon and what he said to you Mr. Blake My Lord About the Month of October last my Lord Howard sent to me to know how I did and desired me to come and make him a
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
a man to be a Witness that is not concern'd for then all these Persons must have been acquitted for they intrusted none it seems but these Six they took care they would keep it amongst themselves Do you think they called their Servants to be Witnesses of what they were about That is a vain and idle imagination In the Popish Plot what Witnesses of it had you there Were they strangers to the Plot No you cannot Expect any Witnesses but such as the nature of the Case will bear This is the meaning of the Evidence that has been given for the King and it carries a great weight in it But they have made an Objection which indeed is not remote but may concern the Question very much Say they If we prove my Lord of Essex was not there or such an one was not there would it not discredit the Evidence of my Lord Howard Yes certainly it would wholly discredit it and he were not to be believed at all nay which is yet nearer to the Question If Mr. Hambden that had notice all along of the times fixed wherein this Transaction was to wit about the middle of January and beginning of February For because they talk of the Prints Mr. Hambden had from them sufficient Notice and intimation of the Time If Mr. Hambden that hath had all this Notice could have proved before you That he was in France or any other Place at that time That had been wonderful Material But all the Circumstances that are any way significant to support the Credit of this Matter are very well proved and so the Testimony of my Lord Howard is by these concurrent Circumstances of Fact sufficiently supported Now Gent. I must tell you This being the Substance of the Evidence for the King I will now as near as I can give you an account of the Evidence for the Defendant It was opened by Mr. Williams very ingeniously for the advantage of his Clyent as every man is bound to say what he can for his Clyent He made a great many Objections against my Lord Howard for if he could but shake the Testimony of my Lord Howard then he might easily bring off his Clyent and if you upon any thing that has been offered either in Evidence or by way of Observation fairly made from the Evidence do believe my Lord Howard has forsworn himself you must find Mr. Hambden the Defendant Not Guilty but if you believe he has not forsworn himself you must find him Guilty So all our matter is reduced into a very narrow compass and therefore I must repeat it again what I said at the beginning If my Memory do not serve me to recollect all right the Councel for the Defendant shall have free liberty to inform the Court of what has been omitted First says Mr. Williams My Lord Howard was a man very deep in a Conspiracy with my Lord Shaftsbury by his own Acknowledgment endeavouring to conciliate a friendship between the Duke of Monmouth and my Lord Shaftsbury and so he had a great hand in the Plot and what he might do on purpose to get himself out of danger from that Plot and procure his Pardon is not known It is a very strange thing that it should be an Objection before he had his Pardon That he did it for fear and to get his Pardon and when he has it now the Objection is Because he has his pardon and he got it say they by this means It seems whether he had his Pardon or no it must be an objection against him before he had it he was under the fear of not obtaining it till the drudgery of Swearing was over but now he has his Pardon What now Why he does it on purpose to accuse other people Why he says no more now than what he has said before he was Pardoned and if after he is Pardoned when he is under no dread or fear because of his Guilt he says the same things that he did when he might be in fear How can that be an Objection to him It cannot be thought he does it to save his own Life for that is as safe now by his Pardon as it can any way be and 't is and must be a great satisfaction to his mind and will be so to any other reasonable mans mind and is a plain Answer to the Objection of his fear for 't is a captious Age we live in that will make some specious Objection or other though it be not of any great weight But how can it be thought a man would come and Swear too much or too far for fear he should not save himself or as they call it swear himself into a Pardon when he has his Pardon It might be an Objection before but as long as he is under no such Terrors now but stands right both by the Laws of God and Man to be heard as a Witness I think it would be hard for any to come and say This man would for swear himself What should provoke him to come and forswear himself when he is under no danger as to his own particular There might be an Umbrage I say of an Objection before he had his Pardon though it was indeed no Objection before not a rational weighty one to set aside his Testimony But nobody knows which way in the World to satisfie the Minds of some sort of people In the next place Gent. says Mr. Williams You are not positive as to the time You say It was about the middle of January and the beginning of February and that is too general and wide but you remember particularly to a Day the business between you and my Lord of Shaftsbury That that was the day after Michaelmas day how can you be so particular as to the one and not as particular as to the other Why I will undertake that Mr. VVilliams when he made the Objection must needs think of the Answer that would be given to it It is notoriously known that the Pressures these Gentlemen thought they lay under were what my Lord of Shaftbury said Now they have got the Juries into their own Power and no man is safe They will find me or any man Guilty as they please Why how came they to get Juries into their own hands but by having the Sheriffs as they would have them Now the Sheriffs that are to return Juries are as all men know that know any thing Sworn the day before Michaelmas day Therefore he might very well and had good reason to remember that day When such a notorious thing happens to fall out at such a notorious time 't is easier for a man to remember that time than to speak to the particular time of an Action done about the middle of a Month where there is not such a notorious Circumstance Why I can tell you very well where I was upon the day before Michaelmas day Upon that day and the day after for that very reason Because it was a
notorious day about the Swearing of Sheriffs in London But if you ask me Where I was the middle of January or the middle of February I cannot so well remember that But there is Credit to be given to a man that speaks to a notorious Circumstance and thereby proves the probability of what he says tho he should not be so particular in a thing that admits not of such a notorious Circumstance Gentlemen I make the Objections as they are stated on the one side and on the other side and the Answers that naturally flow to prove the matters before you one way or other and you are to judge you are to weigh them and which has the greater Credit with you you are to take notice of He does say in the next place Here was a discourse of Arms and Armed men and a great sum of Money spoken of but there breaks out nothing of this matter till July following but this debate was in January and February before For that matter the Answer that is given and it seems to be a plain one is That they were to conciliate a Correspondence with people that were abroad and that they could not go on till they had effected that and till these people came to joyn with them which could not be without some time And you hear the Cockrams and the Cambels came not to the Town till June or July so that it was not probable it should break out till then because it was to be agitated upon their coming here And so that Objection is answered They did not apprehend any such necessity for present engaging in it For my Lord Howard because he thought it would be a work of time to settle the Correspondence and get these people to Town went down to his Country house in Essex and from thence to the Bath for he did apprehend some considerable time must be spent ere these pople could come and therefore he thought it convenient to take his retirement in the mean time Ay but 't is strange says Mr. Williams and he makes that another Objection He would have my Lord Howard to draw in this Accusation of Mr. Hambden to procure his pardon by going further than the other Discoverers had gone It seems say they Mr. Hambden was not thought of at first But because West and Keeling had discovered a Plot my Lord Howard to secure himself must go a step further than they and as the Defendants Councel would have it than the Truth and that is the stress of the Objection But the weight of the proof is quite different for all men know In the Plot there were several parts There was the business of Keeling and VVest and that was the Assassination of the King and the Duke but the Duke of Monmouth my Lord Howard and those other Gentlemen were for the business of the Rising tho that might be in order to that other purpose but they kept not Company with those that were ingaged in that part of the design They were the Underlings the Scoundrel Plotters that were concerned in the Assassination But these Gentlemen looked upon themselves to be the Privy Councellors not to be the Executioners they were to be only Advisers what was to be done after that other business was over and their Consultations were for raising of men for an Insurrection not the business of the Assassination of the King that was not their Province Can it then be an Objection against my Lord Howard because he gives a Testimony VVest and Keeling could not give Could they go further then the Killing of the King which was their business If any man should have asked my Lord Howard about that matter he would have made Answer It was not for that purpose that we met together at Mr. Hamden's and my Lord Russel's no that was upon a particular business and to a particular end and purpose Then he says too That tho my Lord Howard comes here upon his Oath and declares these several matters that he hath deposed yet he has given a different accompt of things elsewhere and he has called several Witnesses to that purpose To whom my Lord Howard several times upon his Honour upon his Word with Eyes lifted up and Hands elevated to Heaven and many extraordinary Protestations declared That he knew nothing of the Plot and say they If a man will at one time Pawn his Honour and his Reputation for the truth of a thing and after that will come again to Swear against all that matter That is an Argument that does sink the Credit and Reputation of that Witness and thereupon they call you several Witnesses some whereof are Persons of great Honour and Quality I think they begin first with Ducas Servant to Col. Sidney and he tells you After his Master was taken my Lord Howard came thither and desired he might lye there and desired the use of some Plate and Goods of Col. Sidney's and then asked what was become of his Master And when Ducas told him what he heard of the Plot that something was talked of about the Assassination of the King and the Duke my Lord Howard lift up his Eyes and his Hands to Heaven and declared he knew nothing of it but he believed Col. Sidney was a very honest man and knew nothing at all of any such matter and as for himself rather than he would be taken or confined again he would do any thing This was the Evidence they gave as to him Then they come with Mr. Howard their 2 d. Witness for I would take them in order as they were produced and he gives you an account that he met with my Lord Howard and my Lord Howard told him he knew nothing at all of any Plot and did believe that Col. Sidney was innocent and he did believe likewise that my Lord Russel was innocent and for his part he knew nothing of any such thing as a Plot but he says when he began to talk to him why did he make such a Bustle and go so often into the City and concern himself about the making of Sheriffs he answered I do nothing but what is in a legal way and he justified all that was done to be only in a legal way When once people come to believe that the raising of Tumults and making Seditions Stirs and Noises is a legal way to obtain their ends as we know 't is the Tenet and Principle of a great many people what will they not do under that pretence That all they do is according to Law They think it is lawful by the Religion they profess to resist and oppose the Government and the old Cause is a good Cause to this day in some mens Opinion and they can die in it and thank God for being concerned in it And there are some people that say the raising of Arms by the King's Authority against his Person is lawful by the Religion they profess and they call themselves Protestants how justly you may
imagine and if men will make Insurrections to difficult the Government it is Rebellion and no man can justifie it let him pretend Conscience or what he will 't is rank Treason It is not saying I am thus persuaded in my Conscience that will excuse the Man if I steer my self by the Dictates of a good and regular Conscience it can never be thought that I shall commit Treason but it is the effect of evil Principles Was it not under the shape of Religion That that blessed Martyr King Charles the First of ever blessed memory came to the Block nay and I have heard of some men in the late times that were ingaged on that side who finding that the King did prevail at the beginning of the War because he had Gentlemen of Quality and Spirit to appear for him were at a loss to know which way in the World they should put a Spirit into the common people to oppose the King and some among them bid them be sure to put Religion to be but the pretence and that would make them run headlong to what they would have them Whose Opinion that was is not strange to any that know any thing of the History of those times So that when once people take it to be the Principle of their Religion to oppose and resist all that are not of their persuasion and for Religion sake to resist Authority then they think all is lawful they can do to preserve their Religion as long as they are wound up to that Opinion Their next Witness Gentlemen is my Lord of Clare and he gives you an account of his Discourse with my Lord Howard And by the way I must observe what I am very sorry for with all my heart To hear that among Gentlemen of Quality and Honour Discourses of the Government and the Male-Administration of it as they think should be onely matter of Jest fit for their recreation and laughter onely merry Table-talk as though Government so sacred a thing were as mean as any trivial Concern whatsoever I am sorry to hear and see that Persons of great Honour and Quality should esteem it so And I must be pardoned if I take notice of it for matters of Government and yielding Obedience to Superiours is a matter of Religion 't is a serious matter and every Man ought to make Conscience of it To talk of Government with Reverence as well as pay Duty and Obedience to it And when I find it made a Jest I must be permitted to say that is not so well done and whoever it is that makes it so ought very much to be blamed My Lord of Clare comes and testifies That my Lord Howard told him He did not believe my Lord Russel was guilty of what he was accused of much less did he believe it of Col. Sidney and when he began to talk about Writings found in Sidney's Closet he said there can be nothing of his Writings found that can do him or any Man else any hurt This is the substance of what that Noble Lord has said Then there is my Lord Paget and he likewise gives an account That he had some Discourse with my Lord Howard about the Plot and he told him too That he did not believe any thing of this Plot or that my Lord Russel and others accused had any hand in it But I would observe this one thing upon my Lord Paget's testimony That still my Lord Howard was wish'd joy by every body and I am glad to see your heels at liberty and the like So that there was some jealousie of his being concerned some thing or other there was in it Says my Lord Howard I look upon my self as affronted that any body should talk so of me He was concerned that they should suspect him But something there was at the bottom Says my Lord Paget I am glad to hear you are out of it For he began to imagine there must be some fire for all this smoak That Gentlemen was the Discourse he had with him But he says That with my Lord Paget there were Discourses of his going beyond Sea but he did not go Then comes Dr. Burnet and he tells you That there were Protestations made to him and he has got the same words as the French Man had That he did it with lifted up eyes and hands he professed solemnly he was altogether a stranger to any such thing The Dr. says He had heard there was a Plot and was persuaded of the truth of it but he was a little shaken by what my Lord Howard said to him But now he is sufficiently satisfied there is a Plot and I am glad he is for I think it scarce does remain a doubt with any Men that have any value for the Religion and Government we live under And I know not how they could be better satisfied than by the Evidence that has been given of it a main part of which was given by my Lord Howard All this was before my Lord Howard was taken Then comes in one Mr. Gisborne and he tells you the same Story That a great while ago my Lord Howard told him he knew nothing of the Plot. The next to him is Mr. Blake and he tells you That after such time as the Plot was discovered and after my Lord Russel was tryed and after my Lord Howard had given Evidence at the Old Baily he shew'd him the Warrant for his Pardon and Blake telling him that was not sufficient without an actual Pardon He replyed I think in my Conscience I shall not have a Pardon till the drudgery of Swearing is over But is that any argument Here is a Man under the drudgery of Swearing therefore he did not know any such thing as he swears It carries thus much along with it That it was uneasie to him and there is a kind of a force put upon him to swear as they say in order to his Pardon But now Gentlemen that will admit of this Answer and a plain one certainly it is When a Man comes over and over again to tell the World such a story and give such an account of himself it must a little grate upon him though it be his duty to tell the truth and though as Mr. Williams says He is the best Martyr that is a Martyr for Truth even so say I on the other side he is the best penitent that is a penitent for Truth and he is the best Witness that is a Witness for truths sake and he gives the best testimony of his repentance that by his testimony declares the truth though it be harsh and uneasie to him For if I have any ingenuity and have lived in good credit in the World it must be a drudgery and irksom thing to call my self a Traytor so often in a Court of Justice It is true he might have given it a more moderate Term and yet withal upon these circumstances he might have reason to call it in some sense a Drudgery
you know of Sir Andrew Foster My Lord I did see those Gentlemen in the beginning of last Summer Sir John Cockram and Mr. Monrow and Cambell the Son I did see but the Father I did not but I do know he was in Town tho I saw him not Mr. Att. Gen. How do you know it Sir Andrew Foster I had Messages from them L. C. Just Sir Andrew You say you saw Sir John Cockram and Monrow Sir Andrew Foster Yes L. C. Just Did you see any body else Sir Andrew Foster I saw Sir George Campell the Son Mr. Att. Gen. What became of them upon the Discovery of the Plot Sir Andrew Foster Sir John Cockram did Abscond and Mr. Monrow was taken into Custody Mr. Att. Gen. What became of the others Sir Andrew Foster The Campells were both in Custody Mr. Att. Gen. Did you see any Commission they had Sir Andrew Foster I did see a Commission that Sir John Cockram had Mr. Att. Gen. What was it for Sir Andrew Foster To make a Purchase of some Plantations beyond Sea I think it was Carolina L. C. Just Ay where my Lord Shaftsbury had an Interest Sir Andrew Foster It was some of the West-Indies L. Howard I did omit that passage my Lord Mr. Att. Gen. Pray was it discoursed then what should be the Blind for these Gentlemen that were notorious Dissenters that they should come to Town from Scotland about L. Howard It was to carry on a Plantation in Carolina The Scotch Gentlemen were personally known to my Lord Russel only and my Lord Russel was to write the Letter to them and I suppose did Mr. Att. Gen. Mr. Atterbury What do you know of these Scotch-men coming to Town and what became of them afterwards Mr. Atterbury My Lord about the beginning of July Fourth Fifth or Sixth or thereabouts I had some Information That there were some Scotch Gentlemen that had been shifting up and down and at that time were about Black-Fryers lodged there secretly I immediately went with the King's Proclamation and some Warrants that I had to apprehend some Traytors that were fled And when I came I found that Mr. Common Serjeant having Notice of them had beat up their Quarters and they were endeavouring to escape by Water but there they were catched There was Sir Hugh Campel and Bayley and Sir George Campel and some others I know not the Names of them all truly I can't tell whether Monrow was not another but Sir Hugh Campel I had in my Custody and Bayley was immediately committed to the Gate-house and the rest of the Gentlemen I afterwards took in a cunning Hole by Moor-Fields in a back house And when I came there I found them lyeing on the Bed in the middle of the Day and had them Prisoners in my Custody two or three Months and then they were all sent out of my hands into Scotland Prisoners Six of them there were my Lord that I saw Mr. Att. Gen. We have done my Lord only we desire that a word of a Record may be read Mr. Williams What Record is it Sir Mr. Att. Gen. Of Collonel Sidneys Attainder Mr. Williams My Lord We shall desire your Judgment whether that Record ought to be read against Mr. Hambden I perceive by Mr. Attorney that 't is a Record of the Conviction of Mr. Sidney which ought not to be given in Evidence against Mr. Hambden upon this Indictment Mr. Att. Gen. We make use of it to shew how upon former Tryals upon this Evidence Verdicts have gone Mr. Williams We are in your Judgment my Lord if by Law it may be given in Evidence against Mr. Hambden who is neither Party nor Privy to it nor Indicted for the same Offence Mr. Att. Gen. Let it alone then L. C. Just Well Mr. Attorney does not press it What say you to it Gentlemen for the Defendant Mr. Williams May it please your Lordship and you Gentlemen of the Jury I am of Counsel for Mr. Hambden the Defendant upon this Indictment here before you This Indictment is a severe Indictment It is a very high Crime of which my Clyent is Accused How far the Evidence tends to reach it you have heard and I shall with the patience of the Court particularly observe it to you But I shall first speak to the Indictment it self It saies that Mr. Hambden being a person of a turbulent Disposition and Seditiously intending to disturb and disquiet the King's Peace and to stir Sedition and to bring the Government into danger did Conspire c. As to this matter Gentlemen there is no manner of Proof of what the Indictment charges as to the Disposition of the person Accused nor that he had any other design than what my Lord Howard hath now Sworn Then it saies further that Mr. Hambden did Consult and Conspire with divers persons to execute these purposes and particularly for the making and raising of an Insurrection in the Kingdom This is laid as the particular Fact And for this purpose he did further Conspire with several persons to provide Armes and Armed-men And for their fulfilling of this he did further Consult with several persons that some persons should be sent into Scotland to stir up the Kings Subjects in Scotland to a Concurrence and Conjunction with some People in England about this his evil design How far this Indictment is proved upon the Defendant Gentlemen is the Question before you He has pleaded Not Guilty and hopes to satisfy you he is not Gentlemen as to what Evidence has been given you so far as 't is Positive and Affirmative I mean the Testimony of my Lord Howard in that part it is impossible for us that are of Counsel for the Defendant directly to contradict him with Proof or to give a direct positive proof in answer to it I say 't is impossible for us to contradict him who gives such a positive Evidence of Fact By the Evidence of my Lord Howard he tells us there were Six Persons in this Council as he is pleased to call them By his Evidence three of the six are dead my L. Russel Col. Sidney and the Earl of Essex He himself is the Fourth the Defendant is the Fifth who cannot give Evidence for himself and the Duke of Monmouth who is the Sixth being away there is not any person in being that should contradict my Lord Howard's Affirmative in this part of his Evidence but the Duke of Monmouth Whom we cannot have here since it appears by the Evidence Mr. Att. Gen. could not prevail to have him at this Tryal therefore proof of that nature cannot be reasonably expected from my Clyent to acquit himself by a positive Contradiction of what my Lord Howard has sworn Then in this Case we must as in all Cases where a person does Swear directly against a Defendant endeavour to satisfie and perswade your Lordship and the Jury upon Circumstances arising out of this Fact and further Circumstances attending the Fact and by probable
time concerning this Conspiracy and who were concerned in it and who were not Mr. Ducas My Lord Howard came once to the house of Colonel Sidney I believe it was about 8 days after the Imprisonment of Colonel Sidney and when he was in the house I ask't him What is the matter my Lord he did answer me he was told there was a Plot against the King and the Duke and one general Insurrection to be made and that Colonel Sidney sent a man into Scotland to which thing my Lord Howard sware laying his hand on his breast saying God knows all things and God knows I know nothing of that and I am sure if Colonel Sidney had known any thing he would tell me and I said what is the matter my Lord are you afraid and he made answer to me No honest man is safe in his own house I pray you lend me a Bed to lie in And he asked me about the Goods of Colonel Sidney because of the Plot and such things and he desired to have them removed to his house and he said rather then go to the Tower he would do any thing Mr. Williams Speak again to the Jury that did not hear you what said my Lord Howard to you Mr. Ducas He said rather then to be a Prisoner again he would do any thing Mr. Williams Who to be a Prisoner again Mr. Ducas My Lord Howard Mr. Att. Gen. What things were spoken of Mr. Ducas He said he would do any thing Mr. Williams Were you speaking of the Conspiracy Of the Plot Mr. Ducas He spake of the Plot and said he knew nothing of it Mr. Williams What did he say Sir Mr. Ducas He said to me and swore he knew nothing of it and called God to witness Mr. Williams Pray did he then say he would do any thing rather then go to the Tower when you were talking of the Plot and Conspiracy Mr. Ducas Yes he would do any thing rather then be a Prisoner again Mr. Att. Gen. Pray what did he say Mr. Ducas He raised up his hands on high and said he knew nothing of the Plot or of the Insurrection or that Colonel Sidney had sent any man into Scotland Mr. Williams When was this Mr. Ducas I believe it was 8 or 9 days after the Imprisonment of Colonel Sidney Mr. Att. Gen. What day of the Month and what Month was it Mr. Ducas He was Imprisoned about the end of June L. Howard My Lord It would be necessary that I should make an answer to this and I know not whether I should make a particular answer to every one for here is a whole set of Witnesses I see L. C. J. No let them alone You must not interrupt them they must go on with their Evidence and when 't is a fit time for you to answer them the Council for the King will call you Mr. Williams Pray sware Mr. Howard which was done Pray Sir will you please to acquaint my Lord and the Jury what you know of what my Lord Howard has said of the Plot and who were concerned in it Mr. Howard My Lord what I have said is in the Paper of Mr. Sidney's Tryal and truly I can say no more than what I said there Mr. Williams pray speak out Sir and tell it again to this Jury Mr. Howard I was told I spake it very loud then L. C. J. Pray Sir speak as you please We wont direct you in what Key you shall speak Speak in what Key you will Mr. Howard Then if you will have me speak it I will speak it as loud again My Lord is Mr. Hambden here L. C. J. Yes there he is Mr. Howard In the first place I do not know Mr. Hambden My Lord I cannot promise to speak the very words that I spake the last time I cannot make them so fit as one tally fits another Mr. Att. Gen. Consider Sir you were not Sworn then you are Sworn now That is the difference and therefore pray consider of it Mr. Howard My Lord As near as I can I will repeat the same words again I had little Acquaintance with my Lord Howard But meeting him often at my Brothers House and being he was extraordinary pleasant Company I must needs say that he was so and a Man of great Wit and I coming from White-Hall he asked me what news of the Plot I told him there were some People that were in the Proclamation or would be and I named their Names Says he I know none of them except Rombald I think and by chance I met him passing through the Old Exchange and he saluted me very kindly After this my Lord Russel was taken and when my Lord Howard heard that says he then we are all undone And I very much fear it is a Sham Plot since they have seized upon my Lord and I doubt he is a lost man After that I think as near as I can remember The next thing was this If you look upon the Book you will see what I said there L. C. J. We are not to look upon the Book man You must give your Evidence your self Mr. Howard I hope you do not Swear by Book Let the truth come out in Gods Name whatever it be Mr. Williams Ay my Lord We desire to have truth come out L. C. J. Ay whether it be of one side or the other God forbid but truth should be spoken Mr. Howard go on Mr. Howard Then my Lord Colonel Sidney was taken and says my Lord I am extremely troubled for Colonel Sidney for he is my very good Friend said I why are you not concerned for my Lord Russel He is of your Blood says he he is a man without exceptions There is no man of such honor as he but I am concerned for Colonel Sidney as that particular man that has obliged me above all the World but I never heard my Lord Howard name Mr. Hambden in all my life Lord Howard I l'e give you a reason for it My Lord if you please why I said so L. C. J. My Lord This is Evidence for the Defendant If the Kings Counsel will call you afterwards to make Answer to any of these things then is your time to speak We will not let them interrupt you when you come to speak nor must you interrupt them now We are bound to hear both sides and so by the grace of God we will do Lord Howard My Lord I desire both he and his Brother may stay in Court for I have something to say to them Mr. Williams Pray what did you hear my Lord Howard say concerning the Plot Mr. Howard He did deny it possitively and said they acted nothing but what was Legal and he said it 500 times over Mr. Williams Did he deny it Mr. Howard Yes he did L. C. J. But when he said they acted nothing but legally what did he mean Was this Plot legal Mr. Howard I had former Discourses with my Lord Howard at other times and
I asked him My Lord what tends all this to Your going up into the City and making these meetings says he we intend nothing but what is legal There is not one man in the Company that I know of intends any thing else Mr. Williams What was my Lord's Opinion of the Plot in June or July or August Mr. Howard He said he knew nothing of it nor could he believe there was any such thing When those Persons were named that were to kill the King Lord Bless me said he can there be such a thing in nature that any men should be so wicked but that there is one man of Honor or Estate or Conscience that ever had any such thought it can never into my Head I can never believe it Mr. Williams When was this Mr. Howard When Rombald and those other People were put into the Proclamation Mr. Att. Gen. Mr. Howard Then I will ask you your Opinion whether in your Judgment every man that was in the Plot could not have said so much Mr. Howard I suppose every man in the Plot would have defended himself as well as he could but I cannot tell what way Mr. Thompson Sir did he barely affirm it or with Asseverations and Imprecations Mr. Howard My Lord was not upon his Oath before me Mr Att. Gen. Mr Howard Don't you believe a great many that were concerned in this Plot would deny it Mr. Howard I am to give my Opinion only for my self not for other People L. C. J. Have you done with him Mr. Williams Yes my Lord. L. C J. Then go over Sir Mr. Howard My Lord I am troubled with Fumes and cannot well endure a Crowd therefore I desire I may have leave to be gone L. C. J. You may go if you please Mr. Williams Call Mr. Edward Howard but he did not appear Then Swear my Lord of Clare and my Lord Paget which was done L. C. J. Well what do you ask my Lord of Clare Mr. Williams My Lord of Clare Will your Lordship please to acquaint the Court and the Jury what you heard my Lord Howard say concerning the late Conspiracy E. of Clare My Lord Some indisposition I have had of late together with the great rigour of the season has confined me to my House this six Weeks so that I should not come here but upon this Summons of a Subpoena which I thought I ought not to refuse I suppose I need not repeat much of what was said at Colonel Sidney's Tryal L. C. J. My Lord You must give what Evidence you have to give now Mr. Williams My Lord The Gentlemen of this Jury have not heard it therefore you must say it all over again to them E. of Clare Sometime after Mr. Sidney was taken my Lord Howard came to see me and complaining of the Times said That all things were very sad and dangerous and if ever he was questioned again he would not Plead but desire them only to count Noses for the quickest dispatch he thought was best I replyed sure his Lordship was in jest He said No he was in earnest for he was confident if he came to Tryal they would have his Life let him appear never so innocent I said I hoped not so it was only his Lordships fear and because of that I thought it might be presumed he would venture much rather then be Tryed And discoursing of the late Primate of Armagh's Prophecy He said for his part he thought the Persecution was already begun and he did believe it would be very sharp but withal he hoped it would be but short and then he began to wish himself beyond Sea till the Troubles were over and in complyance with his Lordship I did wish so too But as to Sidney he did with great asseverations very much assert his innocency He said he thought he was not guilty of any of the things laid to his Charge and spake with large Encomiums in his praise as he had obligation to do and seemed to bemoan his misfortunes which I said I had then reason to believe he was real in for I believe never any man was more engaged to another then he to Colonel Sidney I told him there was a discourse of some Writings of Mr. Sidneys that were taken he said he was confident they could make nothing of any Writing of his I told him I supposed he meant legall they could not do it This was the most he said as to Mr. Hambden he mentioned nothing that I know of Mr. Williams Did he seem to declare any Opinion about the Plot or Conspiracy in general That there was any such thing or not E. of Clare I do not remember it Mr. Att. Gen. My Lord of Clare Did you never hear my Lord Howard before this complain of the Government that it was amiss and was to be rectified Earl of Clare Yes he often did complain Every body knows my Lord's way of discourse Lord Howard Pray will you ask him if my Lord of Clare used to fall out with me upon those discourses E. of Clare My Lord was always good Company Mr. Att. Gen. You mean a Propos My Lord. E. of Clare I understand what you mean by a Propos you are a Learned man I know Mr. Soll. Gen. My Lord of Clare if I apprehend your Lordship aright my Lord Howard was discoursing of the Primate of Armagh's Prophecy and said he thought the Persecution was already begun and would be sharp tho' he hoped it would be short and he wished himself beyond Sea till the Troubles were over and your Lordship wished your self so too E. of Clare No I said in compliance with his Lordship since he wished himself beyond Sea till the Troubles were over I wished he were there too L. C. J. But I perceive all these discourses concerning the Government are reckoned but jests and matter of Laughter but 't is a very rank way of jesting I assure you Mr. Williams My Lord We call our Witnesses seriously they are the Kings Council that jest Mr. Att. Gen. Was this before my Lord Howard was taken E. of Clare Yes but after Mr. Sidney was taken L. C. J. Well who do you call next Mr. Williams My Lord Paget Pray what have you heard my Lord Howard say concerning the Plot and when L. Paget My Lord sits there and I believe he may remember it was about the 7th of July the Saturday before my Lord went into the Country to the best of my memory which was I take it the 9th of July Upon Saturday the 7th at Night my Lord came to see me I told him I was glad to see him abroad and not concerned in the Disorders that were then so general My Lord told me he had been wished joy by several and he took it ill because it looked as if he were guilty 'T is true my Lord was a man of great finess and readiness in discourse and came easily into all Company my Lord said that was true but he had
Visit The next day I went and waited upon my Lord at his Lodging at White-hall and after the Complements passed my Lord began a discourse of the Plot and I told him That I heard none of the Witnesses had their Pardons but only Keiling the first discoverer My Lord told me no but he had a Warrant for his Pardon and with that he plucked it out and shewed it me and I read it And then I told him I thought it was of no avail without he had his Pardon actually under Seal He said no but he had their word and honour But said he when I first received the Warrant they said I should not meddle in it till I heard from them again which I have not yet and I ascribe it to no other reason but only this That I must not have it till the drudgery of swearing it over Mr. Williams When was this Mr. Blake In October last some time So I then took my leave of my Lord and my Lord desired me to come and see him at Night about 6 a Clock in the Evening for he had a great many came to him but then he should be at leisure and had many things to say to me Mr. Att. Gen. At that time did my Lord express himself as discontented and that it was irksome to him to be brought as a Witness Mr. Blake He only said those words that I have told you and looked up and turned up his eyes towards Heaven when he said so Mr. Williams Pray where is Mr. Benjamin Mercer sware him who was sworn L. C. J. What do you ask him Mr. Williams We bring him to prove that my Lord Anglesey was served with a Subpoena but is so ill of the Gout he can't come L. C. J. If that be all there is no question of it but that he was Subpoened Mr. Williams If your Lordship please We will prove in what condition my Lord Anglesey is and then we hope your Lordship will give us leave to prove what my Lord has said concerning my Lord Howard's discourses with him L. C. J. No certainly Mr. Williams and I am sure you ask it not as expecting it should be granted Mr. Williams I lay it before your Lordship and the Court. L. C. J. Ay you lay it before us but you are a Lawyer do you your self think fit it should be done Mr. Williams My Lord I must submit it to you L. C. J. Come will you consent that what the Duke of Monmouth has said shall be given in Evidence and then I presume the King's Council will consent to your request Mr. Williams I consent Here is my Clyent My Lord in Court I can consent to nothing L. C. J. But if so be there be leave given on one side to tell what another person has said why should not it be consented to on the other side that it be proved what a 3d person that is absent has said for them Mr. Recorder Ay will you consent that we prove what the Duke of Monmouth has said Mr. Williams We don't know what the Duke of Monmouth has said L. C. J. But you do know 't is not Evidence nor fit to be granted what you ask Mr. Jones You know that 't is not for your purpose what he has said Mr. Williams My Lord We must go according to our Instructions L. C. J. But you know the Law why should you offer any such thing your offering it will make the Lay gens that know not the Law think that the Court put hardships upon people in denying things which you that understand the Law know can't be granted Mr. Williams I do not press it my Lord but leave it with you L. C. J. Why do you spend our time in urging things that are nothing to the purpose and cannot be allowed Mr. Williams Now my Lord We will go on to another part of our defence and that is to call Witnesses to the Reputation of Mr. Hambden and his behaviour to satisfie you that he cannot be such a person as the Indictment says and as he must be if it be true what this Gentleman my Lord Howard has sworn Mr. Thompson We will first examine my Lord Paget who stood up Mr. Williams My Lord We ask you to that question Have you known this Gentleman Mr. Hambden and what a sort of a man is he Lord Paget I have good reason to know him I have known him a great while and have always believed him an Honest and a Prudent man a man of Honor and Vertue and Integrity my Lord and I have had no reason to have other Opinion of him I know he has been always ever since he came abroad into the World a man that hath loved his Study and Books and a contemplative life And therefore I should not be apt to believe That he could apply himself to a thing so contrary to his own nature and to that way that he delighted in and had always hitherto applied himself unto I mean to ingage in a design of so much Malice and Wickedness Mr. Williams My Lord You have had a long Conversation with the knowledge of Mr. Hambden you say What say you as to his Disposition Because this Indictment says he is a Person of a Turbulent Factious Seditious Spirit Lord Paget I have always known him a quiet peaceable man not medling in Business very Friendly free from all Turbulency not of much acquaintance nor desirous to make much Mr. Att. Gen. Pray my Lord Paget upon the same Oath you have taken have you not at any time heard him express dissatisfaction as to the Male-administration of the Government Lord Pagett No never to me in the least Mr. Att. Gen. Not at the time of the last Westminster Parliament Lord Pagett No I never heard him then nor at any time else Mr. Willams Mr. Hambden was then in France and not in that Parliament tho he was a Member Where is Mr. Pelham L. C. J. Here he is He sits down here pointing to the Table What would you ask him He was Sworn Mr. Williams Sir Will you please to acquaint the Court what acquaintance you have had with Mr. Hambden and how long And what you know of him L. C. J. You hear the Question Sir how long have you been acquainted with Mr. Hambden Mr. Pelham I have been acquainted with Mr. Hambden about five or six Years living near him and all that I could observe from him was that he was a man much addicted to his Studies kept much at home and I never observed that he had much acquaintance but as to the business before you I know nothing of it nor ever heard him speak any thing relating to it Mr. Williams As to his Spirit and Disposition is he a Turbulent Man Mr. Pelham No I never found him any thing like it We never talked together of matters of that nature Mr. Att. Gen. Were you ever in his Company at any time when he discoursed about Government
capable of discoursing with him about any such matters Mr. Att. Gen. Have you heard him at any time complain of the Male Administration of the Government Sir H. Ho. No Sir Mr. Att. Gen. Have you never heard any such thing from him Sir H. Hobart No never Mr. Will. Swear Dr. Lupee My Lord We must desire an Interpreter for the Dr. Speaks French only L. C. Just Swear an Interpreter Mr. Will. Dr. Burnet or if he be gone call Sir Henry Ho. again We must beg the favor of you Sir Henry to be an Interpreter you understand the French Tongue very well Sir H. Ho. I will do it with all my Heart Sir as well as I can L. C. Just Swear him Cryer You shall well and truly Interpret between the Court and the Witness and the Witness and the Court according to the best of your skill and knowledge So help you God Mr. Thompson Sir Henry Will you please to repeat what Questions we shall ask and what Answers he makes Sir H. Ho. Yes Sir as well as I can I will Mr. Will. Pray Sir ask the Dr. this Question If he be acquainted with Mr. Hambden Sir H. Ho. Yes he says very well He lived near two years with him Mr. Thompson How long is it since Sir H. Ho. Four years since he says Mr. Will. Pray in that time What was his Disposition Was he a Seditious and Turbulent Man Or was he a studious retired Man or What Sir H. Ho. He says the two years he lived with Mr. Hambden he kept him Company in his Studys and all that time he found he had no other inclinations but for study and knowledge and his inclinations were very Vertuous He always observed in his Discourse a great submission and respect that he had for the Laws of his Nation and his Prince and to that degree he was a faithful Subject to the King that once he told him in discoursing with him of the late Popish Plot that he was ready to Sacrifice his Life and Fortune for the King's service Mr. Thomp Ask him what discourse he had with him of the Plot since it brake out L. C. Just Will that be any evidence do you think Mr. Thompson Will Mr. Hambden's declaration be any evidence he being a Person accused Do you think he would tell the Doctor or any Body else that he was Guilty when he was like to be questioned That would have been a wise business indeed You say he was a very studious Man and a learned Man truly if he had done that he had bestow'd his time in Learning to very good purpose Mr. Will. My Lord That that we would ask him is this This Person the Doctor being discoursing with Mr. Hambden upon the discovery of the late Conspiracy and of the dangerousness of the time he would have advised Mr. Hambden to have gone no he said he would not for he was an innocent Man and would not stir L. C. J. Well ask him what you will but his declaration of his own Innocence cannot be taken for Evidence Sir H. Ho. He says since this Plot was discovered he was going one Day to visit Mr. Hambden and going through long Acre he met a French Minister a Savoyard Minister But my Lord he speaks so fast and goes on with so much at a time that I cannot remember it all Mr. Will. Well what said that Minister to him Sir H. Ho. He says this Minister asked him if Mr. Hambden was not concerned in the Plot and upon that he went and told him what the Minister had said to him He says he told Mr. Hambden that the Duke of Monmouth and my Lord Gray were hid He says upon that Mr. Hambden said to him I will never fly nor conceal my self for my Conscience reproaches me in nothing L. C. J. Ask him why does he think the French Minister the Savoyard as he calls him should ask whether Mr. Hambden were in the Plot Sir H. Ho. He says Mr. Hambden said he would rather die innocent then fly with the imputation of guilt upon him L. C. J. But ask him the Question I put Why should that Savoyard Parson say so what reason had he to think Mr. Hamdden was in the Plot Sir H. Ho. He says the Minister did ask him but he can't tell what Reason he had to think so Mr. Att. Gen. Pray Sir Henry ask him this Question How long ago it was since he left him Sir H. Ho. Four year he says Mr. Att. Gen. Where was it in England or France Sir H. Ho. Whilst he lived in Bloomsbury he says Mr. Will. Call Dr. Needham and Monsieur Justell who appeared and Monsieur Justell was sworn Pray Sir H. Hobart will you ask Monsieur Justell who speaks French too If he know any thing of Mr. Hambden's Resolution to Travel with Mr. Mountague into France Sir H. Ho. He says Yes He did tell him he was going into France and he offered to carry some Books for him along with him Mr. Will. What Company was he to go in and what time Sir H. Ho. He says Sir he can't be exact to the Month when Mr. Hambden spake of going over but he says it was a great while before this Plot came to be discovered Mr. Will. Was it some Months before Sir H. Ho. It was a Month before it was known he says Mr. Will. In what Company was he to go Sir H. Ho. He said he was to go with Mr. Mountague Mr. Conyers Pray Sir Will you ask him Was he employ'd to get any French Servants to be with him Sir H. Hobart Yes he says L. C. J. Ay but what was the Question for there is such a crowd of People before the Council that the Court cannot hear Mr. Conyer's Question Mr. Can. My Lord I asked him Whether he was employ'd to get any French Servants to be with Mr. Hambden Sir H. H. Yes he says L. C. J. Well there is Dr. Needham What do you ask him Mr. Will. We call Dr. Needham for this purpose my Lord to prove that these Gentlemen that are accused Mr. Hambden and my Lord of Essex and the others had very little esteem and mean Opinion of my Lord Howard And how one they so little esteemed should be let into so great a secret will be very strange to imagine Dr. Needham Pray what can you say of any of these Gentlemens Opinions of my Lord Howard What Opinion had my Lord of Essex of him L. C. J. Is my Lord of Essex now before us What is that to this Case Mr. Williams Let my Lord of Essex have what Opinion he would of him How does that concern the Defendant Mr. Will. I tell you why I offer it my Lord. L. C. J. But pray offer what is evidence and keep to the business before you Mr. Will. Falsus in uno falsus in omnibus If we can prove that what he hath said of my Lord of Essex is false he is not to be believed against
the Defendant Mr. Att. Gen. Ay but upon the evidence of my Lord Howard all the rest were convicted Mr. Will. I offer it only upon what is here to day before you He says my Client and my Lord of Essex were confederate with him upon such a design Now if my Lord of Essex was not there then he is false in that and that he was not we offer this as evidence L. C. J. But 't is not a proper Evidence in this Case Mr. Will. 'T is a sort of evidence L. C. J. Ay 't is a sort of evidence but 't is not to be allowed If you will prove Mr. Hambden's Opinion you may but you must not for him bring proof of what my Lord of Essex a Third Person thought of my Lord Howard Mr. Will. I only offer it thus L. C. J. Offer what is Evidence Man You are a Practiser and know what is Evidence but you have offered two or three things to Day that I know you do at the same time know is not evidence and I speak it that it may not be thought we deny you you or your Clyent any thing that is according to the course of Law You that know the Law know 't is so as we say Mr. Attorney has gratified you in waving three or four things already but nothing will satisfie unless we break the course of other Tryals Mr. Will. My Lord What I take not to be Evidence I do not offer and where the Court over-rules me I have not insisted upon it L. C. Just No! Mr. Will. No my Lord. L. C. J. But you would have insisted upon it if Mr. Attorney would have been so easy as to consent and the Court would have let you Pray keep to the Business and the methods of Law you know the Law very well Mr. Will. My Lord I humbly apprehend this may be Evidence and I lay it before you My Lord Howard has proved that my Lord of Essex and Five more of which Mr. Hambden was one met and consulted about such matters We may I hope be admitted to prove That my Lord of Essex was not there for if we can take off his positive proof as to any one of the Circumstances we take off from the Truth of the Fact If all the Persons were not there then my Lord Howard is mistaken in that and accordingly must not be believed in the rest Therefore my Lord I press it no otherwise He hath proved these Six Persons were there I offer this as some Evidence That it is unlikely it should be so because my Lord of Essex had so little Opinion of my Lord Howard that he would never consult with him about any matter L. C. J. Then certainly my Lord Howard is to be believed to all intents and purposes for here is a Record of the Conviction of my Lord Russel and of Colonel Sidney and all upon the Testimony of this Gentleman my Lord Howard and is not that more to support his credit then a flying Report of a third Persons Opinion of him And yet after all we say 't is no Evidence against Mr. Hambden and has been waved by Mr. Attorney Mr. Will. Then I will not press it my Lord. Mr. J. Withins It is no evidence certainly Mr. Williams L. C. J. It seems my Lord of Essex had such an Opinion of my Lord Howard's Evidence That he thought fit to cut his own Throat rather than abide the Tryal Mr. Will. Call Mr. Murray L. C. J. Suppose my Lord of Essex had said That he was out of the Plot and Mr. Hambden was in would that have been good Evidence against Mr. Hambden do you think Pray mind what is the business before you Mr. Will. Swear Mr. Murray Which was done L. C. J. Well what do you ask this Man Mr. Will. My Lord We call him as to what I opened of my Lord Howard's Opinion of the World to come and rewards and punishments there L. C. J. Mr. Will. Pray take notice of this Private discourses that People can't come to make answer unto because they can't imagine to have them objected are a very odd sort of an Evidence Mr. Will. Therefore I opened it warily and tenderly my Lord the Witness will tell you the story better than I. L. C. J. I cannot tell what Mr. Williams has said or I have said in heat of talk or vanity God knows how often all of us have taken the great Name of God in vain Or have said more than becomes us and talked of things that we should not do Mr. Att. Gen. My Lord how can my Lord Howard be prepared to give any answer to this L. How My Lord This presses hard upon my Reputation my Lord. I profess before God I do not know this fellow I never saw him in my Life before as I know But a Company of impudent fellows take the liberty of saying what they please L. C. J. To rake into the whole course of a Man's life is very hard L. How I would fain have these fellows dare to say this any where else of me Mr. Will. Well my Lord we will wave it L. C. J. They do not think it a fit thing to press it L. How But my Lord it concerns me in my Reputation who is this Rascal they bring here God's life who is he L. C. J. We must be tender of Men's reputations and not let every thing come as evidence when 't is not fit to be evidence to put Slurs and Scandals upon Men that they can't be prepared to wipe off Is he convicted of any crime If he is you say something shew the Record of it Mr. J. Withins Mr. Will. you know the Case adjudged lately in this Court a Person was indicted of Forgery we would not let them give evidence of any other Forgeries but that for which he was indicted because we would not suffer any raking into Men's course of life to pick up evidence that they can't be prepared to answer to Mr. Will. We have that respect for my Lord's Honour too as not to press it only we had it in our briefs and we must go according to our Instructions L. How I desire to know who that Rascal is What is he Where does he live I will make him an Example L. C. J. Pray compose your self my Lord There is nothing of this pressed L. How To say I am an Atheist my Lord What can be a greater reflection L. C. J. He has not told us any such thing as yet And we will take care that nothing shall be offered but what is fitting L. Ho. I vow to God my Lord I do not know the Man L. C. J. My Lord Do you think that every thing that a Man speaks at the Bar for his Client and his Fee is therefore to be believed because he said it No the Jury are to take nothing here for Evidence to guide them of what the Counsel say but what is approved They are to judge secundum
allegata probata that is their duty L. Ho. Does that fellow look like a Man of that Figure That I should say any thing or have any conversation with him L. C. J. My Lord I don't know what he is Go on Gent. Mr. Will. My Lord VVe have done with our Evidence If Mr. Attorney will leave it here we will Mr. Att. Gen. My Lord we won't mistrust the Evidence nor the Court. Mr. Hambden My Lord I desire to speak a word my self if you please L. C. J. Ay in God's Name You or your Counsel I will hear all you will say and as long as you will speak provided you speak within the bounds of decency Mr. Will. My Lord I think it best to leave it to the Court VVe hope we have made it clear that our Client is Innocent L. C. J. VVould to God you were Innocent that is the worst wish I wish you but we will either hear him or you speak speak as long as you will Mr. VVallop My Lord. I desire to make but one Observation L. C. J. Ay in God's Name make what Observations you will Mr. VVallop I hindred you from making your Observations at first because I knew it would be desired after the Evidence was over Mr. Att. Gen. Then my Lord I expect to be heard too If Mr. Hambden makes a Speech I will reply or if his Counsel do it I expect the last word for I will have neither the Party nor the Counsel to speak after I have summ'd up the Evidence for the King Mr. Hambden and his Counsel are all one Mr. VVallop I have but one short Observation to make L. C. J. Go on then Mr VVallop and say what you will Mr. J. VVithins I think 't is very fit you should do it of both sides 't is a cause of great concernment Mr. VVill. My Lord We will leave it here I think L. C. J. Take your own course Do not say we hinder you of saying what you will for your Client Mr. Att. Gen. Let them do what they will L. C. J. I 'll sit still make speeches every one of you as long as you will Mr. Just VValcot 'T is fit they should speak what they can for the advantage of their Client Mr. VVill. My Lord VVe leave it to the Court. L. C. J. Gentlemen of the Jury the Evidence has been something long and the Counsel both for the King and for Mr. Hambden against whom this Indictment has already been found by the Grand Jury having left it to the Court to Sum up all I shall do it as well as I can And the Question before you Gentlemen is VVhether the Defendant be guilty of the Offence charged in the Indictment or not Guilty and there having been so long an Evidence on the one side and on the other it will be fit for me according to the best of my remembrance to help your Memories by recollecting what has been said on both sides which I shall do as near as I can and if my Brethren will please to supply any thing that shall be omitted by me nay if the Counsel for the King or for the Prisoner will put us in mind of any thing that has been spoken and proved either against or for the Party indicted in God's Name let them have liberty to speak it For it is fit the Question should be left before you with all fairness and according to the best of my Observation and Memory thus it stands The first thing Gentlemen that is considerable to you is that there is such an Indictment as has been already opened unto you that is preferred against Mr. Hambden that does set forth that Mr. Hambden is a Seditious-Person and a Man according to the Language of the Indictment which are words of course and form in an Indictment of this Nature of an evil disposition designing to disturb and distract the Government and that he with several other Persons did conspire to Bring in troubles and perplexities upon the Government and in order to that that there were some meetings between him and several other Persons and that there was a design to conciliate some Persons of another Nation to go along with them in their design particularly some in the Kingdom of Scotland This is the purport in the Indictment to which the Defendant has pleaded not Guilty Gentlemen The Evidence for the King has been of this sort they did at the beginning which yet I must tell you by the way is not any thing of Evidence but the Kings Counsel would make some Overtures to press on their side as the Defendant and those that are of Counsel for Mr. Hambden have made some little hints to press on their side that some Witnesses the one and the others would have had here were subpoena'd but could not be here It seems by the proof Here was a meeting as it was between Six several Persons and they Name them the Duke of Monmouth was one the Lord Howard another the Lord Russel a Third the Earl of Essex a Fourth Algernoon Sidney a Fifth and Mr. Hambden the Sixth As for my Lord of Essex he is gone to his long home my Lord Russel and Mr. Sidney have received Sentence and been executed So there remains Three Surviviving and say they that are for the King We produce my Lord Howard and we have taken care to Summon the Duke of Monmouth by leaving Subpoenas where it could be thought he was to be met with with Promises of his Servants to deliver them to him in order to have the Duke to be a Witness for the King this Day I presume the meaning is They would infer from that that they would give an account of the fairness of this proceeding tho it has been a matter that has obtained a sort of belief in the World as tho the Duke of Monmouth had denied that there was any such thing as this Confederacy and Conspiracy And that has given People occasion to be of very different Opinions and persuasions about the matter but say they to shew we are not afraid to have the Truth come out we have done as much as in us lay to get this Person hither Therefore we have left Subpoena's at his Houses at his Lodging with his Servants and they have promised to take care they should be delivered to him and he is not come Against this on the other side say they for the Defendant VVe have taken all the care we could to bring my Lord Anglesey who was to have been a VVitness for the advantage of the Person indicted but my Lord Anglesey is at present afflicted with a fit of the Gout and for that very reason we can't have him here And so they shew that they have been very zealous to get VVitnesses on their side to vindicate their Reputation but they did not meet with that effect that they desired These two things Gentlemen are matters that are used both against him one way and for
him another But now to come home to the Evidence upon which this matter is to turn and here you are to consider that whatsoever has been said or offered by the Kings Counsel on the one side or the Counsel for the Defendant on the other side I call him so for 't is but a Trespass tho a great one You must not take into your consideration at all any further then as their Allegations are supported by the Testimony that has been given And whatsoever the VVitnesses have said either for or against him and our of that Testimony as near as I can remember I will give you the Objections and their Answers with the Observations that have been made or do naturally arise out of the facts in proof My Lord How In the first place gives an account of this matter and Gentlemen the times will be wonderful material and therefore I begg you would take a Pen and Ink and mark these material circumstances as you go For in all matters of fact positively proved which also have their Credit supported by circumstances which do accompany them the Testimonies given of such Facts are to be valued according as those circumstances keep touch with and humor as I may so say the Fact that they are to Evidence the truth of My Lord How does therefore in the first place acquaint you that about Michaelmas there was a discourse between him and my Lord of Shaftesbury and that was concerning a rising intended to be had and he tells you how that my Lord Shaftesbury was fully resolved upon it That things at length came to that pass That he was forced to go from his own house as he said being disappointed by the Duke of Monmouth and others who had promised to joyn with him and was retired to the house of one Watson in or near Woodstreet But he understanding where he was my Lord How went to him I think he says my Lord Shaftesbury sent to him when he came my Lord Shaftesbury told him That altho there had been such a disappointment by those Persons he named yet that did not take off his edge but he was resolved to go on himself nay tho his body was infirm yet he would be set on horse-back tho he was lifted up to appear in the head of a party that he had prepared and were ready when he would call them And he began then to reflect upon the disappointment of the Duke of Monmouth and as tho the Duke of Monmouth had only a prospect to advance himself and had only an Eye upon his own particular Interest That he so managed matters as if he design'd to have the sole disposition of all things whatsoever and began to be uneasy with the Duke of Monmouth My Lord How did endeavour to have prevailed with my Lord of Shaftesbury for a reconciliation between the Duke of Monmouth and him it being a matter that required so much safety and security and did desire him that he would have some intercourse with the Duke of Monmouth in order to conciliate a friendship between them that they might go hand in hand You find he was under some difficulties about this matter he was not able to bring the thing about for after he had spake with the Duke of Monmouth and prevailed with him my Lord of Shaftesbury was peevish and talked at a distance and when he had appointed a meeting one time it was prevented my Lord Shaftesbury went away into Holland and there died in Holland This is the substance of what my Lord How says as to that matter But Gentlemen this is material and I le tell you why I think it material because the Counsel for the Defendant have made it an Objection particularly to my Lord Howards testimony That my Lord Howard is particular as to the day after Michaelmas day but he is not so particular when he comes to speak of other times upon which the true Question before you depends For now he speaks more generally as to the meetings at the Defendants and my Lord Russells that they were about the middle of Janu. and the beginning of Febru and is not particular as to the day I speak of this because that has been made use of as an Objection against my Lord Howards testimony And I will tell you as near as I can all the Objections that have been made against this Testimony after such time as I have settled it and laid before you what the whole of it amounts to Then comes my Lord Howard and says that meeting with the Duke of Monmouth some time after this they began to talk together and they thought that tho the business had failed in the managery of my Lord of Shaftesbury yet it was fit there should be a reassuming of the business again but in order to settle matters that things might not go inconsiderately on it was thought fit that they should resolve themselves into a certain number that were confident one of another in order to Steer and Transact these matters the better among themselves And they must be persons fit to be trusted and for whom there should be an undertaking among them for their Faithfulness and Integrity for all Persons are not fit to be trusted but only such as they agreed upon The Duke of Monmouth he undertook for my Lord of Essex and my Lord Russell those were the Persons for whom he would ingage as likewise for my Lord Salisbury And then they began to talk of some more particularly of Mr. Sidney but he was a Cynical man and a Philosopher and they were first to come to him and to treat with him in another manner then the rest He was not to appear as the Duke of Monmouth but to take him in his retirement and privacys and then they might be the better able to break the matter to him And he says accordingly there was a time designed on purpose and at that same time the Duke of Monmouth and my Lord Howard did go and attack Mr. Sidney they found him on a private day and Dined with him and upon that Dinner the whole matter was broke up and put into some Method Then was the whole Design contrived as to the Persons that were to be ingaged in this Matter and he says They agreed upon Six The Duke of Monmouth undertook for my Lord of Essex and my Lord Russel and Col. Sidney undertook for Mr. Hambden He speaks of my Lord of Salisbury but my Lord of Salisbury was never there among them and so I put him out of the Case I quit him from being of their Number because there was but Six in all my Lord of Essex and my Lord Russel who were undertaken for by the Duke of Monmouth Mr. Hambden undertaken for by Mr. Sidney and my Lord Howard for by that time Mr. Hambden was come into the Matter upon Col. Sidney's undertaking Now we are got Gent. by these steps till we come about the middle of January but says my
But now Gentlemen As he did swear it before he had his pardon from time to time upon all occasions when he was called as a Witness So now the Pardon is come which they would have to be the reason of the continuance of his Drudgery he swears the same thing He has his pardon under the King's Seal and though it might be thought they would keep him within the compass of his Tether till he had done his Evidence now he has got that he desired he swears the same thing And now his pardon does not at all influence his testimony he is not under any fear but is as free as any Subject the King has and now he is upon his Oath he gives you the account you have had and he did say all the same things before such time as Col. Sidney my L. Russel were tryed that he says now Then Gentlemen you have in the next place Witnesses called several of them to give you an Account of the Conversation and disposition of Mr. Hambden for says Mr. Williams for a man to be guilty of a Crime of this nature there must be some kind of evil disposition to it and so Mr. Williams would argue and make this inference You see he is not a man of a turbulent seditious and factious Spirit and temper he is a studious person very retired that has been beyond Sea much and came not home till such a time And if there were interlocutions between my Lord Howard and my Lord Shaftsbury it was before he came into England and so he was not concerned in them He says That March last he was to go again he had a mind to return again to France for his health and what reason have we to imagine he should concern himself in the Plot When he was so studious a Man lived so retired a life and intended to go abroad so suddenly And for this you have my Lord Paget Mr. Pelham Sir Henry Hobart Dr. Lupee Monsieur Justel and one Murray Mr. Williams Murray my Lord we did not examine Lord Chief Justice 'T is true I beg your pardon Well then these others tell you They have been persons very intimately conversant with him they never knew he concerned himself with any thing about Government but was of a quiet peaceable demeanor and was so far from that which the Indictment talks of Turbulency and Sedition that they never had any discourse with him about any such thing at all save what Dr. Lupee says who it seems lived with him about two years and kept him Company in his Studies and that once having some discourse about the Popish Plot He said he would venture his Life and any thing he had to preserve the King and Government against that Plot he did very well and if he had since declared he would have ventured his life to have secured the King and Government against this Plot I should have been glad to find him of that mind I pray God you may find him to be so But from the Evidence even of that French man it seems there was some Jealousie in the World and that he lay under hard Censures as well as other people For speaking of the Plot the Advice given him was this My Lord Grey is gone and the Duke of Monmouth is gone why won't you go Why should that advice be given if there were no suspition of his being concerned That he said I will not go and so they would make his staying here to be an instance and proof of his innocence Why Gentlemen If that should be so then there was the same innocency in my Lord Russel and Col. Sidney and all of them for all the Council of Six every one of them stay'd except the Duke of Monmouth and he indeed did abscond And the same Evidence that made the Duke of Monmouth fly and my Lord Essex out his own throat convicted my Lord Russel and Col. Sidney and is now brought against the Defendant and has from time to time been given against the rest We know no reason that they had to stay more than West or Romsey had to stay and be taken and yet that is not used by them as an argument of their innocency These are the Evidences that have been given on the Defendants part and I tell you as I go along what Answers are given to it on the part of the King As to what is spoken of his intention to go again into France if he designed to go why did he not go before all this mischief broke out He came here at Michaelmas and I may say he came it may be at an unlucky time when the City and its Neighbourhood was in a Distemper and some Men were blown with fears and jealousies These might animate him and inspirit him as they did other people and put them into a ferment but you find him attending in Town constantly here till the matter was discovered whatsoever his intentions were 't is much he did not put them into Action 't is strange he did not go all this while it had been much for his advantage That he had never come out of France or that he had returned thither much sooner Against all this that has been urged for the Defendant about my Lord Howard I will tell you what is the Answer to it and truly first I say I am apt to believe my Lord Howard did tell these Gentlemen what they here testifie but was it ever thought That any Man that was guilty of High Treason would presently proclaim his own guilt Is it reasonable to imagine my Lord Howard would tell Dr. Burnet I am in a Plot and Col. Sidney is in a Plot and Mr. Hambden is in a Plot and make it his Common talk nay it is so far from being an Argument of his Innocency That more naturally it may be turned upon them as an Argument of his Guilt For if a Man had not been concerned in the business at all but were an honest Man and free from suspition what need I talk or concern my self to proclaim my own innocency not being accused Why must I tell Col. Sidney's Footman This Man the other Man That I know nothing of the Plot and neither I nor any other Man I am sure is concerned in it But that shews there was a dread and apprehension upon him of something that he was conscious of and that lying within must have some vent and this Over-Caution is an intimation that there was something more than ordinary in the matter We take notice of it as a great Evidence against a Man that is accused for an High-way Man if he comes to such an Ale-house or Inn and bids the People take notice I am here at such a time of the day and that is a circumstance of time that will serve to answer a proof it may be that may be brought against him of a Robbery done such a time but we always look upon that industry of theirs as a
piece of Artifice designed to patch up a testimony to evade a proof So that the Argument will turn the other way and 't is more for the advantage of these worthy Gentlemen that it should be turned the other way for otherwise they would be thought to be Persons ill-affected to the Government that is Dr. Burnet my Lord Paget my Lord Clare and the rest And if they have a mind to be thought otherwise they must let the Argument run that way as I say and in Charity we ought to believe the best of all mankind till we find otherwise by them We say then in Charity We suppose He thought it not fit to intrust you with his Confessions for you are all Loyal Men I know 't is the best Answer that can be given and that which they ought to value themselves upon for their own credit and reputation and not to make it an Argument against my Lord Howard or against the credibility of his testimony in the metter I don't know truly Gentlemen That I have omitted any one thing that is material on the one side or on the other of which there hath been any proof but I must onely repeat to you this Here is a matter of great concern and Consequence a matter wherein the peace of the Government and the Kingdom is concerned in a very high degree a matter that if there were another Witness as positive against the Defendant as my Lord Howard would amount to no less than High Treason But as there is but one Witness backed with these Circumstances to corroborate his testimony 't is but onely a Trespass but I tell you it treads very nigh upon High Treason and the tendency of it was to bring us all into Confusion and what would be the consequence of that but to lay us open to the same mischiefs that we were under in the times of the late Rebellion For though Men pretend never so fair and vail it under the names of the Security of the Government and the Protestant Religion yet they would have done well to have tarried till they had a legal Authority to call them to consult of these High matters that they pretend to secure that had been well What had these Gentlemen to do to take upon themselves this Power without Authority Gentlemen You have heard the Evidence and you see what it is And I must say in the late Evidences you have had concerning another business of this nature I wish that might be said to preserve and support the Credit of some Persons upon whose testimonies Lives have been taken away as has been said and is evident for the advantage of my Lord Howard I do not find that he has been guilty of Perjury as being concerned in taking Oaths one way and then giving Evidence another I mean first taking Oaths of Secresie and then revealing not but that notwithstanding all this They may be believed and God forbid but they should be believed according to truth But I say if Objections of this nature are to prevail we must never expect any great Crime to be punished because we must stay till Persons that are strangers to the guilt of the Fact come to give Evidence of it which is impossible to be done Therefore Gentlemen I must resolve it all into one Head You have the Case of a Gentleman of Quality on the one side and the peace and preservation of the Government on the other side You hear what is proved against him the Evidence given on his behalf the Objections that have been made by the Counsel which all of them as near as I can remember I have repeated to you and I ask your pardon and theirs if I have omitted any thing and I desire to be minded of it You hear the Answers that have been given And because the Counsel were unwilling to give the Court trouble or themselves to make long Speeches and Observations Therefore I have been necessitated to do it as well I can Upon the whole matter My Lord Howard has thus positively sworn the matter of Fact charged in the Indictment against the Defendant he has been supported by the Witnesses that confirm the circumstances of Smith's going into Scotland the Scotch-Men's being here in June and the Sham and Cant. of Carolina All which you have heard and I make no question observed and is not contradicted by any thing I hear that carries any probability of an Answer Therefore Gentlemen I leave it to you whether upon this Evidence you will take it upon your Consciences and Oaths That my Lord Howard is Guilty of wilful and corrupt Perjury Then you must find the Defendant not Guilty But if you think he has proved the matter fully and his testimony is supported by those four Witnesses Atterbury Sir Andrew Foster Sheriff and Bale Then Gentlemen you must find the Defendant Guilty Juriman My Lord We desire to ask one Question At the meeting at Mr. Hamden's House I think my Lord Howard says they went to Dinner Mr. Just Holloway No it was at Coll. Sidney's they went to Dinner L. C. J. I know not whether you have taken notice of it but I have it was at Coll. Sidney's they dined not at Mr. Hambden's Then the Jury withdrew from the Bar and within half an Hour the Jury returned and being called over answered to their Names and gave in their Verdict thus Cl. of Crown Are you all agreed of your Verdict Omnes Yes Cl. of Cr. Who shall say for you Omnes Foreman Cl. of Cr. How say you Is the Defendant guilty of the Trespass and Misdemeanor whereof he is impeached or not guilty Foreman Guilty Which Verdict being recorded the Court rose Martis 12. Februarii An. 1683. B. R. L. C. J. Mr. Attorney Have you any thing to move Mr. At. Gen. I pray your Judgment against Mr. Hambden my Lord who was convicted the other day of a great Misdemeanor L. C. J. Let Mr. Hambden come into the Court then which he did Mr. At. Gen. My Lord I need not aggravate the hainousness of the Offence for it appears both by the Information and upon the Evidence to be beyond all Aggravation wherefore I shall onely pray your Judgment for the King That you would please to set a good Fine upon him and that he find Sureties for his good behaviour during his Life Mr. Williams May it please your Lordship I am of Counsel for Mr. Hambden L. C. J. Are the Rules out in this Cause Mr. Williams Yes my Lord they are out L. C. J. Well then what say you for Mr. Hambden Mr. Williams Mr. Hambden does attend here according to the Condition of his Recognizance and since Mr. Attorney hath prayed your Judgment I shall not stir any thing as to the Indictment or the Verdict but all I have to say for him is this Mr. Hambden is but Heir apparent his Father is alive and so though he has the prospect of a good Estate yet he has but