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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	aaron_n	account_n	smith_n	28	3	9.2043	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43957	The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.	Turner, John, b. 1649 or 50.	1684 (1684)	Wing H2190B; Wing T3309_CANCELLED; ESTC R41849	81,748	75

Council that should take care of the whole they resolved to erect a little Cabal among themselves consisting of six Persons which were the Duke of Monmouth the Lord Russel the Earl of Essex Mr Hampden Junior Algernoon Sidney Esq and Himself That these six Persons met about the middle of February at Mr. Hampden's House where it was agreed what their Business was which was to take care of the whole That as to particulars the things that Challenged their care should be Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries Towns were fittest most dispos'd to Acti●n What Armes were necessary to be got and how to be disposed How to Raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly how to order it so as to draw Scotland to consent with them it being thought necessary that all Diversion should be given That there was another Meeting of all the same six Persons ten days after at the Lord Russel's House where they came to a Resolution A Council of six erected of which the Prisoner one A second meeting at the Lord Russel's House That some Persons should be sent to the Lord Arguile to settle an Understanding with him and that some Mess●ngers should be send into Scotland to invite some Persons hither that were judged most able to understand the State of Scotland and give an Accompt of it That the Persons agreed on were Sir John Cockrane and the Lord Melvin with one more whose Name he since understood to be Sir Campbel And that in Discourse it was refer'd to Colonel Sidney to take care of that Business That afterwards Colonel Sidney told him he had sent Aaron Smith and given sixty Guineys for his Journey Being ask'd whether he was sure the Lord Russel was at that The Lord Russel at the Meeting about Scotland and consented to it Meeting He Answered That he wish'd he could not say it Being ask'd whether he consented the Lord Howard made Answer That they did not put it to the Vote but it went without Contradiction and he so took it that all that were present gave their consent The Lord Russel being now permitted to ask the Lord Howard any Questions said That what the Lord Howard had said of him was only Hearsay That the two times they met it was upon no formed Design only to talk of News and Things in General That the Lord Howard was a Man of a voluble Tongue talk'd well was full of Discourse and they were delighted to hear him That for the Scotch Gentlemen he never saw any of them only the Lord Melvil he had seen but not upon this Accompt There the Atturney General urg'd That Aaron Smith did go into Scotland and that Campbel he went for was taken and then call'd Mr. Atterbury Mr. Atterbury swear Sir Hugh Campbel in Custody the Messenger to prove his Apprehension who being Sworn Declared That Sir Hugh Campbel was then in his Custody and that he had been by his own Confession four days in London before he was Apprehend●d Then Mr. West being Sworn Declared That as to the Lord Russel he never had any Conversation with him at all but that Mr. Ferguson and Mr. Rumsey told him That the Lord Russel intended to go down and take his Post in the West where Mr. Trenchard The Lord Russel the person most looked upon by the Party had fail'd them And that they always said The Lord Russel was a Man they most depended upon because he was a Person lookt upon as of great Sobriety Here the Court Declared That what Colonel Rumsey or Mr. Ferguson told Mr. West was no Evidence so that the King's Councel resolved to rest upon what they had already prov'd The sum then o● the Evidence against the Lord Russel was That Colonel Rumsey was sent upon a Trayterous Message by the Earl of Shaftsbury to a Meeting where his Lordship was and that the Answer was return'd his Lordship being there and that there was a Discourse at the same time of an Insurrection to be made and a Declaration read to be Printed upon the Rising seting forth the Oppressions and Grievances of the Nation and Discourse of surprising the Guards That six Persons of which his Lordship was one did erect themselves into a Council to manage the Insurrection and Raising of Men. To all this the Lord Russel made Answer That he could not but think himself mighty unfortunate to stand there Charg'd His Defence with so high a Crime and that intermix'd with the Horrid Practises and Speeches of other People while the King's Council took all advantages to heighten things against him That he was no Lawyer and a very unready Speaker and altogether a Stranger to things of this Nature That he was sensible he was not so provided as to make his Defence as otherwise he should do But that his Lordship thought the Gentlemen of the Jury were Men of Consciences that valu'd Innocent Blood and hop'd they would consider the Witnesses that they Swore to save their own Liv●s Neither was what Colonel Rumsey Swore enough to take away his Life or if it were the time was Elapsed by the 13th of the King which limits Prosecution to Six Months Neither was the Design of L●vying War Treason unless it appeared by some Overt Act as appears by the 25th of Ed●ard the 3d. And then desiring to know upon what Statute he was Endicted it was told him by the Statute of the 25th of Edward the 3d. upon which he insisted He insists upon two Points of the Law and desires Council upon these two Points as Matter of Law and prayed to be heard by his Council whether the Treason were duly prov'd und if it were whether it were punishable by the Statute In Answer to which the Court informed him That if he were contented that the Fact should be taken as prov'd against him and desired Counsel upon what was bare Matter of Law he he should have it granted but that there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the business a● Mr. Shepheard's House was sworn to only by one Witness It was Answered That if there were one Witness of one Act of Treason another of a second another of a third that manifested the same Treason it was sufficient After the Lord Russel had several times insisted upon the same The Lord Anglesey Objections and had received several undeniable Answers to the same effect the Lord Anglesey stood up who declared That upon a Visit which he gave the Earl of Bedford in his trouble for the Affliction of his Son the Lord Howard came in while he was there and to comfort the Earl us'd these Expressions My Lord you are happy in h●ving a wise Son and a worthy Pers●n one that can never sure be in such a Plot as this or

any Man living That he told him moreover That there were certain Persons of Quality whom he was very much concern'd for that they should be so much reflected upon or troubl'd and condol'd their Condition very much both before and after That upon Discourse at another time which he had omitted at the Lord Russels Tryal by reason of the reproof that was accidentally given him upon Discourse of the Plot the Lord Howard assur'd him That it was certainly a Sham even to his knowledge too black for any Minister of publick Employment to have devis'd but that it was forg'd by People in the Dark such as Jesuits and Papists and that it was in his Conscience That thereupon he adviz'd him to make an Address to the King under his hand to testify his abhorrency of the Thing Then being ask'd by his Lordship to whom he should apply himself he pitch'd upon the Lord Hallifax and going to him told him that the Lord Howard was willing to set it under his hand his detestation of the Plot and that there was no such thing to his knowledge but that upon the Lord Russels being taken the thing was laid aside Mr. Blake declar'd That about six Weeks since the Lord Howard Of Mr. Blake sent for him to come and see him That he went upon Discourse of News he told the Lord Howard That he heard no body had their Pardon but he that first Discover'd the Plot to which the Lord Howard Answered No but that he had a Warrant for it and that he had their Word and Honour for it but he would do nothing in it till he had farther Orders That he heard nothing of it and could Ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over Grace Tracey declar'd That the Lord Howard protested he Of Grace Tracy knew nothing of a Plot and that he was sure Colonel Sidney knew nothing of it And farther added That if he had known any thing of it he must needs have known of it for that he knew as much of his Concerns as any one in the World and took God to Witness of his Protestation Elizabeth Penwick declared That the Lord Howard ask'd for Of Elizabeth Penwick him and they said he was taken away by a Man to the Tower for a Plot upon which he took God to Witness that he knew nothing of it neither did the Colonel but said it was only Malice desiring withal that the Colonels Plate might be sent to his House to be secur'd Then one Mr. Wharton stood up and offer'd to the Court that Mr. Wharton offers to imitate the hand if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which Then the Prisoner proceeding to his Defence set forth That The Prisoner proceeds in his defence He argues upon the Statute of the 25th of Edward the 3d. there was a large Complication of Crimes laid to his Charge That he understood they were under the Statute of the 25th of Edward the 3d. That the Statute had two Branches one relating to War the other to the Person of the King That that which related to the Person of the King made the Conspiring Imagining and Compassing the Death of the King to be Criminal That the Branch concerning War was not so unless it were levy'd That he could not imagin to which of the two they referr'd his Crime For that to say that a Man did meet to Conspire the Kings Death and for him that gave the Accompt of the business not to say one word of it seem'd extravagant For that Conspiracies had always their Denomination from that Point to which they tended That the King had two Capacities Natural and Politick that the Politick could not be within the Statute for in that sense he never dy'd so it was absur'd to say it should be a fault to Kill the King who never dy'd That then it must be understood in the Natural Sense which was to be done either by Sword Pistol or other violent way So that if there were not one word of this then it was utterly at an end though the Witness had been good That as to the Point of Levying War it was made Treason so it He argues as to the Point of Levying War were prov'd by an Overt Act but that there never was an Overt Act or could be pretended in his Case So that if the War were not Levy'd it was not within the Act. Therefore in his Case it was imply'd it was first imagin'd that he intended to raise a War and then it was imagin'd that that War should tend to the Destruction of the King which though it might follow was neither Natural or Necessary and so could not be so understood by the Law That therefore it was two distinct things to make War and ●o endeavour to kill the King and that as there was no manner of pretence that he should endeavour to Kill the King directly so it could not be by Inference because it was Treason under another Species Upon which he cited the Lord Colce who says it is the Overthrow of Justice to confound Membra Devid●ntia From whence he argu'd That if the making of War could not be understood to be a Conspiring the Death of the King that then he was not Guilty of the Indictment but in his Case there was neither Conspiring the Death of the King nor making War nor Conspiring to make War besides that the Law required two Witnesses That as to the business of Aaron Smith the Lord Howard told The business of Aaron Smith conjecturally and implecitely Sworn it so imperfectly and so meerly conjecturally that there was nothing in it but his Rhetoric to set it out for that he never told by whom it was Writ nor what was in it or whether it were delivered or no. And whereas it was urg'd that the Scotch Gentlemen came to To●n he professed he never heard of their Names till they were named to him in the Tower That as to the Papers if any thing were to be made of them His Plea in reference to the Papers they were to produce the whole for that it was impossible to make any thing of a part of them But though some Papers were found in his Study though it were a Question whether they were found there or no or whether they were not Counterfeit yet the hand was such as shew'd they had been Written many Years He then put it to the Court by way of Question If any body had found Papers in his own hand or anothers that were not justifyable whether that were Treason whether that imagin'd the Death of the King And if e●er any Man could say he ever publish● a Sh●et in his Life he would submit to punishment Then he ask'd what Concat●nation those Papers could have with His Plea as to

whether now or when Another whether to be begun in the City or the Country or both together what Persons to be prepared in the several Countries to be assisting in it that were probable to carry it on what Money should be rais'd and that lastly it was concluded at the same Meeting That there should be a Concurrence and Correspondency with Scotland that so Diversions might be given both at home and abroad at one and the same time That about a fortnight after there was another Meeting at the The second Meeting Lord Russels where the Prisoner was also present where they came to a Resolution that some body should be sent into Scotland upon which Colonel Sidney propounded Aaron Smith which was consented to by Mr. Hambden and the rest of the Company To prove the Credibility of the Lord Howards Testimony he Aaron Smith sent into Scotland Swears the Circumstances of Aaron Smith being sent into Scotland which was Corroborated by the Inn-Keeper of Newcastle at whose House he lay and where he hir'd him a Guide to carry Aaron Smith the next way into Scotland who also knew Aaron Smith again when he saw him at the Council-Table The next Circumstance was this That the Scotch Gentlemen did come to London under pretence of a purchase in Carolina This was made out upon Oath by Sir Andrew Foster and Mr. The Evidence of Sir Andrew Foster and Mr. Atterbury Atterbury The first had seen Sir John Cockram Mr. Monro and Cambel the Son The second Swore That Sir Hugh Cambel Sir George Cambel Bayley and some others were taken in Black-Fryers and that he took the rest in a cunning Hole in Moor-Fields who were afterwards sent Prisoners into Scotland Thus the sum of the Evidence against the Prisoner was a Consultation in Order to the raising of Men to infest the Government The sum of the Evidence A Discourse concerning the raising of Money and Arms for that end the places where and the time when and the Conciliating a friendship with some discontented Persons in Scotland to joyn with the Conspirators in England To this the Prisoner by his Council Mr. Williams made Answer Mr. Williams answers for the Defendant That whereas the Lord Howard was positive and particular as to some things in reference to Persons Places and Times yet in what most effected the Defendant he was not any thing like positive as to the times of the Meeting but only that it was about the middle of January and the beginning of February And thereupon he made this Observation That since the Evidence would not be particular as to the Time it might be apprehended that he gave himself a little loose that he might not be contradicted in that Circumstance 2. That the Witness were particular as to many Facts and Things relating to the Lord Shaftsbury where he Names other particular Persons and Discourses yet he had not made use of any one Circumstance of Fact in the Case of the Defendant save only that of Aaron Smith In the next place it was urg'd That in regard there were other Witnesses before and beside the Evidence to the Discovery of the Plot it concern'd the Lord Howard to give a home Evidence in the Case or else he could have no expectation of his Pardon and that therefore he was concerned perhaps to strain that he might make such a Discovery as might answer his end which the Counsel supposed would Naturally arise out of this Case since it was something long before he got his Pardon but that now he had it After this several Persons of Quality were produced to prove the Lord Howards denyal of a Plot that he knew of none and believ'd the whole thing a Contrivance Others were call'd to prove Mr. Hambden a Person of a retired To prove the Prisoners Conversation Life addicted to his Studies free from Turbulency and medling in business and of great esteem respect and duty which he always expressed for the King and the Government This being done the Lord Chief Justice himself made a most The Lord Chief Justice summing up the Evidence elaborate R●capitulation of what had been offered in Evidence by the Kings Council and what the Council for the Prisoner had objected against it Which Objections though it were Confessed that they were Ingeniously made by Mr. Williams for the advantage of his Client yet were they all cleared by the Lord Chief Justice with that satisfaction as he went along both to the Court and all that heard him that the Jury returning within half an Hour after they withdrew from the Bar brought in the Prisoner Guilty of the Trespass and Misdemeanour whereof he was Indicted The JURY Sworn were these Sir Charles Gerard Bar. Roger Jennings Esq H●nry Hodges Esq Thomas Harriots Esq Thomas Earsby Esq William Avery Esq John Sharp Esq Charles Good Esq Samuel Rouse Esq Hugh Squire Esq Nehemiah Arnold Esq John Bifi●ld Esq Upon the 12th of February the Attorney General mov'd for Judgment upon this Conviction upon which the Prisoner being ordered to come into Court the Judgment of the Court was That a Fine of 40000 l. should be set upon him that he should be committed till he paid it and that he found Sureties for his good behaviour during Life Then Mr. Williams prayed his Bayl might be Discharg'd which was agreed he being Committed And for the High Treason it was concluded that ●he was Discharged by the Habeas Corpus Act there being no Prosecution The Charge and Defence of Lawrence Braddon and Hugh Speak who were Tryed at the Kings-Bench-Bar the Seventh of February 1683. THEY were both Charged together upon an Informamation That they Conspir'd together to make the The Charge in general People believe That whereas the Earl of Essex Murdered himself and so it was found by the Inquisition yet that Inquisition was taken unduly and irrigularly obtain'd and that they did Conspire to procure false Witnesses to make these things out There was a third thing Charg'd upon Braddon That he went about by Papers and otherwise to publish it that he was a Person employed to Prosecute the Murther of the Earl of Essex For the Information it self there was this Evidence first Mr. The ●eads of the Information Evans Swore That he had heard at the Custom-House from the Father of the Boy as though there had been a Report came to him from home at ten that Morning upon which the Earl of Essex had cut his Throat of a Razer thrown out of the Earls Window and that in the Afternoon he came to him again and told him he had examin'd the Matter farther and his Boy had confirm'd the Truth of it Farther the same Mr. Evans Swore That after this Mr. Braddon and one Hatsal came to the place where he was in Essex at what time Hatsal took out of his Pocket a Printed Copy of the Inquisition and then Mr. Evans said something about the Report he had

House which ranges in the same Row with Southampton House he found there the Duke of Monmouth the Earl of Essex the Lord Russel Colonel Sidney and Mr. Hambden That Mr. Hambden took upon him to open the Mr. Hambden opens the Sessions Sessions and in his Discourse recapitulated some Design that had been chiefly carryed on before by the E. of Shaftsbury before that time Dead He also took notice of the ready disposition of the minds of Men to go on with it and gave one instance of his Judgment of it That being a Design Communicated to so many there had not so much as a whisper gone about it From whence he took an Occasion to tell the rest That it was absolutely necessary that there should be some Council which should be as a Spring a little to govern the motions of the rest there being divers things which if not taken care of by particular persons the whole would miscarry That from thence the said Mr. Hambden made a Transition to some particular things which were principally to be taken care of The time when the places where and the persons by whom these things were to be carryed on which lead into a particular consideration of some of those Heads For the time that it should be shortly least the minds of Men should chil and then as to the place where whether in the City or Country or both joyntly In which some Opinions were given but not settled to any Resolution being committed to all their thoughts to Consult of afterwards They were also to consider what Magazines were to be got and with what they should be gotten and that was Money Upon which there was a considerable sum propounded to be rais'd to which purpose the Duke of Monmouth to the best of the Witnesses remembrance propounded the raising of twenty five or thirty thousand Pounds after which it was considered how this Money should be rais'd without drawing Observation and Jealousie That these were the heads then agreed upon to be afterwards considered But the Resolutions taken at present were How to make A Coalition with Scotland debated a Coalition of Counsels with Scotland for which purpose some fit Persons was to made choice of to be sent thither That these were the debates of the first Meeting That about a fortnight or three weeks after all the same Persons met again at Southampton-House at the Lord Russels where it was warmly urg'd by Mr. Hambden though at that time thought unseasonably That since they were now united into such an undertaking it could not be expected but that it would be a Question put to many of Some things unseasonably urged by Mr. Hambden them To what end all this was where they intended to terminate and into what they intended to resolve That they were Questions which he meaning Mr. Hambden met with and every one would meet with from those Persons whose asistance was to be expected and that if there were any thing of personal interest design'd there were but very few of those whose Hearts were with them but would fall off and that therefore they were to resolve themselves into such Principles as should put the Liberties and Properties of the People into such hands as should not be easily invaded by such as were intrusted with the Supream Authority of the Land and that at length it was mentioned to resolve all into the power of a Parliament That this being propounded All to be resolved into the Power of the Parliament which sounded harsh to some of the rest by Mr. Hambden sounded a little harshly to some of the rest However it was consented to that it was nothing but a publick Good which all intended That after this the Council debated about sending into Scotland and settling a Correspondency with the Earl of Argile That other Gentlemen were nam'd as the Lord Melvin Sir John Cockram and the Cambells Which Col. Sidney undertakes to send into Scotland being propounded it was offer'd by Colonel Sidney that he would take care of the Person and that he had one in his thughts whom he thought to be a fit Person Being ask'd by the Attorny General what Aaron Smith was to The Duke of Monmouth undertakes to bring up the Lord Melvin do the Witness made Answer That there was no particular deed for him more then to carry a Letter That the Duke of Monmouth undertook to bring the Lord Melvin hither because he had a particular dependency upon him but that to Sir John Cockram a Letter was to be sent under the Disguise of carrying on some business of Carolina which Letter as he thought was wrote by the Lord Russel as being personally known to him an● none of the rest of the Cabal Being ask'd to what purpose those Gentlemen were to come up he Answered To acquaint them how they found Scotland tempered and what Opportunities there were of putting them into a Commotion how Men might be rais'd how they would fall under Argile and also to keep time and place with England That after this he was with Colonel Sidney when he was going Col. Sidney puts a parcel of Guineys in his pocket for Aaron Smith into London at what time he took out about sixty Guineys as he thought and put them in his Pocket which he said were to give Aaron Smith but whether he gave them or not he could not tell However after that he was sent in pursuance of their debate as Colonel Sidney told him upon Inquiry and withal that he had not heard of him but once in three Weeks vvhen he Aaron Smith sent in purs●ance of the ●ebates vvas at New-Castle That after this his Occasions call'd him into the Country and aftervvards he vvent to the Bath The Lord Howard having thus concluded the Court demanded of Colonel Sidney vvhether he had any Questions to ask the Witness vvho reply'd that he had no Questions to ask him Upon vvhich the Attorney General reply'd Silence You knovv the Proverb After vvhich Sir Andrew Foster and Mr. Atterbury vvere called The Scotch Gentlemen prov'd to be in London to prove that the Scotch Gentlemen came up presently after Aaron Smith vvas sent and first Sir Andrew declared That about the end of the Spring or beginning of Summer Sir John Cockram Commissionary Monro and the tvvo Cambells Father and Son came up hither That he did not see the Senior Cambell but the Younger he saw upon the Day of the Lord Russels Tryal but that he saw the other two as he thought a little before the Discovery Being ask'd what they pretended to come about He made The pretence of their coming Answer That Sir John Cockram and Manro pretended they came about making a purchase in Carolina and shew'd him a Commission to that purpose from the Persons said to be concerned in the Design Being ask'd what became of those Gentlemen upon the rumour of the Plot He Answer'd That Sir John Cockram absconded

Circumstaace as the other as to the Design in general laid in the Information though not equally guilty about the management For Braddon several Evidences were call'd who were all examin'd by Braddon himself Lewis asserted That one day as he was going up a Hill near Andover he heard the News of the Earl of Ess●x's cutting his Throat and said it was upon a Fryday but what Week or Month it was only that it was in Summ●r he could not tell F●ilder being call'd asserted That at Andover the Wednesday before the Earl Murder'd himself it was all the talk of the Town that he had cut his Throat and that it was all the talk of the Town at that time though the F●ct were not committed till Fryday but could not remember the Name so much as of one Person though the Town were so full of People Mrs. Edwards being call'd asserted That when Braddon came first to enqu●re about the Boys Report they were a little startled Mrs. Edwards the Mother that thereupon the Daughter went to the Boy and told him such a Person had been there about such a thing and bid him speak the Truth Why says the Boy Will any harm come of it I can't tell said she but tell you the Truth Then said the Boy All the Story is false The Daughter young Mrs. Edwards affirm'd the same thing That the Boy did tell them such a Story at first but that afterwards Mrs. Edwards the Daughter he affirm'd it was all a Story and meerly his own Invention Being ask'd by Braddon whether she did not frighten him by threatening his Father would be turn'd out of his place she Answered No being upon her Oath Jane Loadman being Sworn deposed That she saw a hand throw a Razor out of a Window but she could not tell what Window Jane Loadman it was presently after which she heard either two shrieks or two groans she could not tell which That there were a great many people there who could not chuse but see the same but the people she did not know Being ask'd whether the Razor were thrown on the in-side of the Pales or the out-side she Answered The out-side in contradiction to the Boy who had said the in-side Then again having Sworn in Braddons Examination That she saw the Razor thrown out of the Lord of Essex's Lodgings she deny'd in Court upon her Oath that she knew where his Lodgings were In her Information she affirms she heard Go fetch up the Razor In Court she Swore She heard no Souldier speak at all And all this done in open Day when there were abundance of People there though she could not tell any particular Body Upon which the Lord Chief Justice made this Remark That it was strange that out of a hundred People which if the Girl said true were there Braddon could not satisfie himself to enquire after some of them but must pick up a Child of thirteen Years of Age to practice upon in that villainous manner Moreover by the Accompt which C. Hawley gave of his House it was impossible that the Girl could see a Coach at the Dore it was impossible there should be a Croud of people in the Yard because the Sentinel that stood at the Door must have seen all that past in and out and besides the Pales were so high that nothing could be flung over that could easily be discern'd Mrs. Barton depos'd That Braddon did engage the Boy at Mrs. Mrs. Barton Edwards's House to tell Truth and put him in mind of the 5th Chapter of the Acts but observing that after he had so talk'd thus to the Boy he was going to take Pen Ink and Paper and fearing to be drawn in for a Witness she went out of the Room Then Glasbrook being call'd who had set his Hand to Loadman's Examination or Information it was prov'd upon reading Will. Glasbrook the Information to be no more then that the Girl should say That after the Earl of Essex had Murdered himself he flung the Razor out at Window as if after he had been his own Executioner he had got to Life again and threw away the Instrument with which he did the Fact Then Smith a Barber being call'd spoke much to the same effect Upon the whole the Lord Chief Justice so clearly display'd the Contradictions of the Testimony and the Improbability of the Circumstances and so plainly trac'd them through all their Obscurities and Ambiguities that the Jury found Braddon guilty of the whole Matter Charg'd upon him in the Information and Mr. Speak guilty of all but Conspiring to procure false Witnesses Thereupon the Court set a Fine of 2000 l. upon Mr. Braddon with Order to find Sureties for his good Behaviour during Life and to be committed till the same be performed Upon Mr. Speak they set a Fine of 1000 l. with the same Order for Sureties and commitment The Charge and Defence of Sir Samuel Barnardiston Tryed for High Misdemeanour the 14th of February 1683. before the Right Honourable the Lord Chief Justice Jefferies at the Sessions of Nisi Prius for the City of London after the Term. The Names of the JVRY were Thomas Vernon Percival Gilburn Edward Bovery William Withers Sen. James Wood Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy Richard Blackburn THE Information against the Defendant was for Scandalising The Information and substance of the Letters and Vilifying the Evidence in the last Horrid Plot which he did in several Letters in one of which he Related the great Favour into which the Duke of Monmouth was returnd and seem'd to Triumph that all the Prisoners that were in the late Sham Protestant-Plot were Discharg'd upon Bayl that Braddon was not Prosecuted that the passing Sentence upon the Author of Julian c. and the Printer of the Lord Russels Speech were pass'd over in silence c. To which he added these Expressions 'T is generally said the Earl of Essex was Murthered The brave Lord R●sse● is afresh lamented The Plot is lost here unless you can find it in the Country among the Addressers and Abhorrers That ●he High Tories and Clergy were mortify'd and Sir George ●as grown humble This was the substance of the rest of the Letters with some alterations of Words To prove him the Author of the several Letters Mr. Brathwayt Mr. Brath-Wayt was Sworn who deposed That Sir Samuel upon the 10th of December before the King and the Lords of the Council own'd three of the Letters to be of his own hand writing Being ask'd whether Sir Samuel said they were published by him or sent to any person the Witness Answered That he did not deny but that he had publisht and sent them Mr. Atterbury being Sworn deposed That he own'd three of the Letters to be written by him and that being ask'd by His Mr. Atterbury Majesty who subscrib'd them he Answered They were subscribed by one of his Servants and so