Guilty of this High Treason whereof he stands indicted or Not Guilty If you find him Guilty you shall inquire c. Mr. North. May it please your Lordship and you that are sworn The Prisoner at the Bar stands charged in this Indictment with no less than the Conspiring the Death of the Kings Majesty and that in order to the same he did with other Traitors named in the Indictment and others not known Novemb. 2. in the 34th Year of this King in the Parish of Bassishaw within the City of London meet and conspire together to bring our Soveraign Lord the King to death to raise War and Rebellion against him and to massacre his Subjects And in order to compass these wicked designs there being assembled did conclude to seise the Kings Guards and His Majesties Person This is the Charge the Defendent saies he is Not Guilty if we prove it upon him it will be your Duty to find it Mr. Att. Gen. My Lord and you Gentlemen of the Jurie most of our Evidence against this honorable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Grey Sir Thomas Armstrong and Mr. Ferguson they were the Council of State as I may call them to give forth directions for the general Rising that hath appeared was to have been within this Kingdom The Rising was of great concern and expence and must be managed by persons of interest prudence and great secresie These Gentlemen had frequent meetings in October and November last for then you may refresh your memories again was the general Rising to be and there they did consult how to manage the Rising they consulted how to seise the Kings Guards and this Noble person being mixed with these others especially with Ferguson who with others of an inferior rank was also ingaged in a Cabal for managing worser things though this is bad enough at several meetings they receive Messages from my Lord Shaftsbury touching the Rising They being looked upon as the persons that were to conclude and settle the time and all circumstances about it We shall make it appear to you in the course of our Evidence that those Underlings for this was the great Consult and moved all the other Wheels who managed the Assassination did take notice that these Lords Gentlemen of Quality were to manage and steer the whole business of the Rising It seems these Gentlemen could not give the Earl of Shaftsbury satisfaction to his mind for he pressed them to keep their day which was the 17. of November last But the honourable Person at the Bar and the rest made him this Answer That Mr. Trenchard had failed them for that he had promised to have 1000 Foot and 2 or 300 Horse at 4 hours warning but now it was come to pass he could not perform it that some Persons in the West would not join with them and therefore at this time they could not proceed and therefore they must defer the day And as a Council they sent my Lord Shaftsbury word he must be contented they had otherwise resolved and thereupon my Lord Shaftsbury went away and Mr. Ferguson with him To carrie on this practice they took others into their Council Sir Tho. Armstrong was lest out and there falling that Scandalous Report upon my Lord Grey he was to be left out and then there was to be a new Council of Six whereas the inferior Council to manage the Assassination was Seven At this Council there was this honourable Person at the Bar the Duke of Monmouth my Lord Howard and another honourable Person who I am sorry to name upon this account who hath this morning prevented the hand of Justice upon himself my Lord of Essex and Coll. Sidney and Mr. Hambden These Six had their frequent Consults at this honourable Persons house for they had excluded Sir Tho. Armstrong and my Lord Gray for these Gentlemen would have the Face of Religion and my Lord Gray was in their esteem so scandalous that they thought that would nor prevail with the people if he was of the Council There they debated how they should make this Rising after several Consultations they came to this Resolution That before they did fall upon this Rising they should have an exact accompt both of the time and method of the Scotch Rising and thereupon a Messenger was sent on purpose by Coll. Sidney viz. Aaron Smith to invite Scotch Commissioners to treat with these Noble Lords Pursuant to this just before the Plot brake out several from Scotland came to treat with them how to manage the work 30000 l. was demanded by the Scots in order that they should be ready in Scotland then they fell to 10000 and at last for the Scots love Mony they fell to 5000 which they would take and run all hazards but they not coming to their terms that broke off that week the Plot was discovered Gentlemen if we prove all these Instances besides we shall call some to shew you that all the inferior Party still looked upon these to be the Heads and tho' they kept it secret God hath suffered it to come to light with as plain an Evidence as ever was heard Sir Geo. Jeff. I will not take up any of your Lordships time we will call our Witnesses to prove the Fact Mr. Attorney hath opened Swear Collonel Romsey which was done Pray Collonel Romsey will you give my Lord and the Jury an Accompt from the beginning to the end of the several Meetings that were and what was the Debates of those Meetings Col. Romsey My Lord I was at my Lord Shaftsbury's Lodging where he lay down by Wapping about the latter end of October or the beginning of Novemb. and he told me there was met at one Mr. Sheppards house the Duke of Monmouth my Lord Russel my Lord Gray Sir Thomas Armstrong and Mr. Ferguson and he desired me to speak to them to know what resolution they were come to about the Rising of Taunton I did go there accordingly and call for Mr. Sheppard and he carried me up where they were and the Answer that was there made me was That Mr. Trenchard had sailed them and there would be no more done in the matter at that time Mr. Att. Gen. Tell the whole passage Col. Romsey I did say my Lord Shaftsbury had sent me to know what resolution they had taken about the rising of Taunton They made me this answer that Mr. Trenchard had failed them that he had promised 1000 Foot and 300 Horse but when he came to perform it he could not He thought the people would not meddle unless they had some time to make provision for their Families L. Ch. Just Who had you this Message from Col. Romsey Mr. Ferguson did speak most of it L. Ch. Just Who sent this Message back Col. Romsey Mr. Ferguson made the Answer my Lord Russel and the Duke of Monmouth were present and I think my Lord Gray did say something
was upon no formed design only to talk of News and talk of things in general L. Ch. J. But I will tell you what it is he testifies that comes nearest your Lordship that so you may consider of it if you will ask any Questions He says after my Lord Shaftsbury went off all before is but inducement as to any thing that concerns your Lordship and does not particularly touch you after his going away he says the Party concerned with my Lord Shaftsbury did think fit to make choice of six Persons to carry on the Design of an Insurrection or Rising as he calls it in the Kingdom And that to that purpose choice was made of the Duke of Monmouth my Lord of Essex your Lordship my Lord Howard Colonel Sidney and Mr. Hambden L. Russel Pray my Lord not to interrupt you by what Party I know no Party were they chosen L. Howard 'T is very true we were not Chosen by Community but did Erect our selves by mutual Agreement one with another into this Society L. Russel We were People that did meet very often L. Ch. Just Will your Lordship please to have any other Questions asked of my Lord Howard L. Russel He says it was a formed Design when we met about no such thing L. C. J. He says That you did consult among your selves about the Raising of Men and where the Rising should first be whether in the City of London or in more foreign parts that you had several Debates concerning it he does make mention of some of the Duke of Monmouths Arguments for its being formed in places from the City he says you did all agree not to do any thing further in it till you had considered how to raise Mony and Arms and to ingage the Kingdom of Scotland in this Business with you that it was agreed among you that a Messenger should be sent into the Kingdom of Scotland Thus far he goes upon his own Knowledg as he saith what he says after of sending a Messenger is by Report only Mr. Att. Gen. I beg your pardon my Lord. L. Ch. Just 'T is so That what he heard concerning the sending of Aaron Smith Mr. Att. Gen. Will you ask him any Questions L. Russel We met but there was no Debate of any such thing nor putting any thing in method But my Lord Howard is a Man hath a voluble Tongue talks very well and is full of Discourse and we were delighted to hear him Mr. Att. Gen. I think your Lordship did mention the Campbells L. Howard I did stammer it out but not without a Parenthesis it was a person of the Alliance and I thought of the Name of the Argyles L. Russel I desire your Lordship to take notice that none of these Men I ever saw my Lord Melvile I have seen but not upon this account Mr. Atterbury sworn Mr. Att. Gen. Aaron Smith did go and Campbell he went for is here taken This is the Messenger Pray what do you know of the Apprehending of the Campbells Mr. Atterbury If it please your Lordship I did not apprehend Sir Hugh Campbell my self but he is now in my Custody he was making his Escape out of a Woodmongers House both he and his Son Mr. Att. Gen. How long did he own he had been at London Mr. Atterbury Four Days and that in that time he had been at three Lodgings and that he and his Son and one Baily came to Town together Mr. Att. Gen. My Lord we shall besides this now we have fixed this upon my Lord give you an account that these Persons that were to rise always took them as their Pay masters and expected their Assistance Mr. West Mr. Keeling and Mr. Leigh Mr. West sworn Mr. Att. Gen. That which I call you to is to know whether or no in your managery of this Plot you understood any of the Lords were concerned and which Mr. West My Lord as to my Lord Russel I never had any Conversation with him at all but that I have heard in this That in the Insurrection in November Mr. Ferguson and Colonel Romsey did tell me that my Lord Russel intended to go down and take his Post in the West when Mr. Trenchard had failed them L. Ch. Just What is this Mr. Att. Gen. We have proved my Lord privy to the Consults now we go about to prove the Under-Acters did know it Mr. West They always said my Lord Russel was the Man they most depended upon because he was a person looked upon as of great Sobriety L. Russel Can I hinder people from making use of my Name To have this brought to influence the Gentlemen of the Jury and inflame them against me is hard L. Ch. J. As to this the giving Evidence by hear-say will not be Evidence what Colonel Romsey or Mr. Ferguson told Mr. West is no Evidence Mr. Att. Gen. 'T is not Evidence to convict a man if there were not plain Evidence before but it plainly confirms what the other swears But I think we need no more Sir Geo. Jeff. We have Evidence without it and will not use any thing of Garniture we will leave it as 't is we won't trouble your Lordship any further I think Mr. Attorney we have done with our Evidence L. Ch. J. My Lord Russel the Kings Counsel do think to rest upon this Evidence that they have given against your Lordship I would put your Lordship in mind of those things that are material in this Case and proved against your Lordship Here is Colonel Romsey does prove against your Lordship this That he was sent upon an Errand which in truth was Traiterous it was a Traiterous Errand sent from my Lord Shaftsbury by him to that Meeting He does swear your Lordship was at that Meeting and he delivered his Errand to them which was to know what account could be given concerning the Design of the Insurrection at Taunton and he says your Lordship being there this Return was made That Mr. Trenchard had sailed them in his Undertaking in the Business and therefore my Lord Shaftsbury must be contented and sit down satisfied as to that time Mr. Sheppard does likewise speak of the same time that your Lordship was there with the rest of the Persons the Duke and others That there was a Discourse concerning an Insurrection to have been made though he is not so particular as to the very Notion of it as Colonel Romsey is as to the time they do agree L. Russel Col. Romsey is not positive that I said or heard any thing L. Ch. J. My Lord If you will have a little patience to hear me I will tell you what it is presses you there is this which I have mentioned and Mr. Sheppard does say there was a Paper purporting a Declaration then Read among the Company there which was to be printed upon the Rising setting forth the Oppressions and Grievances of the Nation And then my Lord Howard after a great discourse concerning the many designs
can remember for about that time we did meet at Mr. Hambdens House Mr. Att. Gen. Name those that met L. Howard All the Persons I named before that was the Duke of Monmouth my L. Essex my L. Russel Col. Sidney Mr. Hambden Jun. and my self When we met there it was presently agreed what their proper Province was which was to have a care of the Whole And therefore it was necessary some General things should fall under our Care and Conduct which could not possibly be Conducted by individual Persons The things that did Principally Challenge this Care we thought were these Whether the Insurrection was most proper to be begun in London or in the Country or both at one instant This stood upon several different Reasons It was said in the Country and I remember the D. of Monmouth insisted upon it that it was impossible to oppose a Formed well Methodiz'd and Govern'd Force with a Rabble hastily got together and therefore whatever Numbers could be gathered in the City would be suppressed quickly before they could Form themselves Therefore it would be better to begin it at such a distance from the Town where they might have an Opportunity of Forming themselves and would not be subject to the like panick Fear as in the Town where half an hour would convey the News to those Forces that in another half hour would be ready to suppress them Mr. Att. Gen. Was this Determined among you all L Howard In this manner that I tell you Why it was necessary to be done at some reasonable distance from the Town And from thence it was likewise considered that the being so remote from the Town it would put the King upon this Dilemma That either the King would send His Forces to subdue them or not if He did He must leave the City Naked who being Proximi Dispositioni to Action it would give them Occasion to Rise and come upon the back of the Kings Forces if he did not send it would give them time to Form their Number and be better Ordered Mr. Att. Gen. My Lord We do not desire all your Discourse and Debates What was your other General thing L. Howard The other was What Countries and Towns were the fittest and most disposed to Action and the Third What Arms were necessary to be got and how to be disposed and a Fourth which should have been indeed first in Consideration propounded by the D. of Monmouth That it would be absolutely necessary to have some Common Bank of 25 or 30000 l. to Answer the Occasions of such an Undertaking Nothing was done but these things were offered then to our Consideration and we were to bring in our United Advice concerning them But the Last and greatest was How we might so order it as to draw Scotland into a consent with us for we thought it necessary that all the Diversion should be given This was the Last Mr. Att. Gen. Had you any other Meetings L. Howard We had about Ten days after this at my Lord Russels Mr. At. Gen. The same Persons L. How Every one of the same Persons then meeting Mr. At. Gen. What Debates had you there L. How Then it was so far as we came to a Resolution That some Persons should be sent to my Lord Argyle to settle an Understanding with him and that some Messengers should be dispatched into Scotland that should invite some Persons hither that were judged most able to Understand the Estate of Scotland and give an Account of it The persons agreed on were Sir John Cockram my Lord Melvil and another whose Name I have since been told upon my Description Sir Campbel For this purpose we did order a Person should be thought on that was fit Mr. Att. Gen. Do you know who was sent and what was done upon this Resolution L. Howard I have heard I never saw him in six Months before that Aaron Smith was sent Mr. Att. Gen. Who was intrusted to take care of that business L. Howard Collonel Sidney We in discourse did agree to refer it to Collonel Sidney to have the care of sending a Person Mr. Att. Gen. Who acquainted you Aaron Smith was sent L. Howard Colonel Sidney told me he had sent him and given him Sixty Guineys for his Journey Mr. Att. Gen. What more Meetings had you L. Howard We did then consider that these Meetings might have occasioned some observation upon us and agreed not to meet again till the return of that Messenger He was gone I believe near a month before we heard any thing of him which we wondered at and feared some miscarriage but if his Letter had miscarried it could have done no great hurt for it carried only a kind of Cant in it it was under the disguise of a Plantation in Carolina Mr. Att. Gen. You are sure my Lord Russel was there L. Howard Yes Sir I wish I could say he was not Mr. Att. Gen. Did he sit there as a Cipher What did my Lord say L. Howard Every one knows my Lord Russel is a Person of great Judgement and not very Lavish in discourse Sir Geo. Jeff. But did he consent L. Howard We did not put it to the Vote but it went without contradiction and I took it that all there gave there consent Mr. Sol. Gen. The raising of Money you speak of was that put into any way L. Howard No but every man was to put themselves upon thinking of such a way that Money might be Collected without administring Jealousie Mr. Att. Gen. Were there no persons to undertake for a Fund L. Howard No I think not However it was but opinion the thing that was said was Jocosely rather than any thing else that my Lord of Essex had dealing in Mony and therefore he was thought the most proper Person to take the care of those things but this was said rather by way of Mirth then otherwise Mr. Att. Gen. What do you know else my Lord L. Howard I was going to tell you I am now at a full stop For it was six Weeks or more before Smith's Return and then drew on the time that it was necessary for me to go into Essex where I had a small concern there I stayed about three Weeks when I came back I was informed that he was Returned and Sir John Cockram was also come to Town L. Ch. Just Did you meet after this L. Howard No my Lord I tell you that I was forced to go three Weeks upon the account of my Estate and afterwards I was necessitated to go to the Bath where I spent five Weeks and the time of coming from the Bath to this time is five Weeks more so that all this time hath been a perfect Parenthesis to me more then this I know not L. Ch. Just My Lord Russel Now if your Lordship pleases is the time for you to ask him any Questions L. Russel The most he hath said of me my Lord is only hearsay the two times we met it