many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said
Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
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 Collonel Sidney and Mr. Hambden These six had their frequent Consults at this Honourable Persons House for they had Excluded Sir Thomas 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 not 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 Collonel Sidney viz. Aaron Smith to invite Scotch Commissioners to treat with these Noble Lords Pursuant to this jâ—â—â— before the Plot brake out several from Scotland came to treat with them how to 〈◊〉 work 30000 l. was demanded by the Scots in order that they should be read◠〈◊〉 Scotland then they fell to 10000 and at last for the Scots love Money 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 Shaftbury'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 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 failed 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 hâ—d 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 to the same purpose Mr. Att. Gen. Pray how often were you with them at that house Col. Romsey I do not know I was there more than once I was there either another time or else I heard Mr. Ferguson make a Report of another Meeting to my Lord Shaftesbury Sir Geo. Jeff. Was my Lord Russel in the Room when this Debate was Col. Romsey Yes my Lord. Mr. Att. Gen. What did they say further Col. Romsey That was all at that time that I remember Mr. Att. Gen. Was there nothing of my Lord Shaftesbury to be contented Col. Romsey Yes that my Lord Shaftesbury must be contented and upon that he took his resolution to be gone L. Ch. Just. Did you hear any such Resolution from him Col. Romsey Yes my Lord. Mr. Att. Gen. Did you know of their meeting there or was it by my Lord Shaftesbury's direction Col. Romsey No but my Lord told me I should find such Persons and accordingly I found them and this Answer was given Mr. Att. Gen. What time did you stay Col. Romsey I think I was not there above a quarter of an Hour Mr. Att. Gen. Was there any Discourse happened while you were there about a Declaration Col. Romsey I am not certain whether I did hear something about a Declaration there or that Mr. Ferguson did Report it to my L. Shaftesbury that they had debated it Sir Geo. Jeff. To what purpose was the Declaration L. Ch. Just. We must do the Prisoner that Right He sayes he can't tell whether he had it from him or Mr. Ferguson Mr. Att. Gen. Did you hear no Discourse to what it tended Col. Romsey My Lord There was some Discourse about seeing what Posture the Guards were in One of the Jury By whom Sir Col. Romsey By all the Company that was there L.C.J. What was that Discourse Col. Romsey To see what Posture they were in that 〈◊〉 might know how to surprize them L. Ch. Just. The Guards Col. Romsey Yes that were at the Savoy and the Mews L. Ch. Just. Whose were the words Tell the words as near as you can Col. Romsey My Lord the Discourse was that some should L. Ch. Just. Who made that Discourse Col. Romsey My Lord I think Sir Tho. Armstrong began it and Mr. Ferguson Mr. Att. Gen. Was it discoursed among all the Company Col. Romsey All the Company did debate it Afterwards they thought it necessary to see with what care and vigilance they did Guard themselves at the Savoy and the Mews whether they might be surprized or not Mr. Att. Gen. Was there any undertook to go and see there Col. Romsey There were some Persons Sir Geo. Jeff. Name them Col. Romsey I think the Duke of Monmouth my Lord Gray and Sir Tho. Armstrong Sir Geo. Jeff. Was my Lord Russell the Prisoner there when they undertook to take the view Col. Romsey Yes Sir Mr. Att. Gen. To what purpose was the view Col. Romsey To surprize them if the Rising had gone on Sir George Jeff. Did you observe by the Debates that happened that they did take Notice there was a Rising intended Col. Romsey Yes Sir Geo. Jeff. And that Direction was given to take a view of the Guards if the Rising had gone on Col. Romsey Yes L. Ch. Just. Pray Sir declare justly the discourse Col. Romsey I went to them from my Lord Shaftesbury And I did tell them That my Lord did pray they would come to some Resolution they told me Mr.
Testimony it will be taken to be a proof And the way you have to disprove them is to call Witnesses or by asking Questions whereby it may appear to be untrue Mr. Sol. Gen. If you have any Witnesses call them my Lord. L. Russell I do not think they have proved it But then it appears by the Statute that Levying War is Treason but a Conspiracy to Levy War is no Treason if nothing be done 't is not Levying War within the Statute There must be manifest proof of the matter of Fact not by inference Mr. At. Gen. I see that is taken out of my Lord Coke Levying War is a distinct branch of the Statute and my Lord Coke explains himself afterwards and says 't is an Assuming of Royal Power to Raise for particular purposes Just. Wythin Unless matter of Fact be agreed we can never come to argue the Law L. Russell I came in late Mr. Sol. Gen. Pray my Lord has your Lordship any Witnesses to call as to this matter of Fact L. Russell I can prove I was out of Town when one of the meetings was but Mr. Sheppard can't recollect the Day for I was out of Town all that time I never was but once at Mr. Sheppards and there was nothing undertaken of viewing the Guards while I was there Colonel Rumsey Can you Swear positively that I heard the Message and gave any Answer to it L. C. Just. To Colonel Rumsey Sir did my Lord Russell hear you when you deliver'd the Message to the Company were they at the Table or where were they Col. Rumsey When I came in they were standing at the fire-side but they all came from the fire-side to hear what I said L. Russell Colonel Rumsey was there when I came in Col. Rumsey No my Lord. The Duke of Monmouth and my Lord Russell went away together and my Lord Gray and Sir Thomas Armstrong L. Russell The Duke of Monmouth and I came together and you were standing at the Chimney when I came in you were there before me My Lord Howard hath made a long Narrative here of what he knew I do not know when he made it or when he did recollect any thing 't is but very lately that he did Declare and Protest to several People That he knew nothing against me nor of any Plot I could in the least be Questioned for L. C. Just. If you will have any Witnesses called to that you shall my Lord. L. Russell My Lord Anglesey and Mr. Edward Howard My Lord Anglesey stood up L. C. Just. My Lord Russell what do you ask my Lord Anglesey L. Russell To Declare what my Lord Howard told him about me since I was Confined L. Anglesey My Lord I chanced to be in Town the last Week and hearing my Lord of Bedford was in some Distress and Trouble concerning the Affliction of his Son I went to give him a Visit being my old Acquaintance of some 53 Years standing I believe for my Lord and I was Bred together at Mandlin-College in Oxon I had not been there but a very little while and was ready to go away again after I had done the good Office I came about but my Lord Howard came in I don't know whether he be here L. Howard Yes here I am to serve your Lordship L. Anglesey And sat down on the other side of my Lord of Bedford and he began to Comfort my Lord and the Arguments he used for his Comfort were My Lord You are happy in having a wise Son and a worthy Person one that can never sure be in such a Plot as this or suspected for it and that may give your Lordship reason to expect a very good Issue concerning him I know nothing against him or any Body else of such a Barbarous-Design and therefore your Lordship may be Comforted in it I did not hear this only from my Lord Howards Mouth but at my own home upon the Monday after for I use to go to Totteridge for fresh Air I went down on Saturday this happened to be on Friday my Lord being here I am glad for he can't forget this Discourse and when I came to Town on Monday I understood that my Lord Howard upon that very Sunday had been at Church with my Lady Chaworth My Lady has a Chaplain it seems that Preaches there and does the Offices of the Church but my Lady came to me in the Evening This I have from my Lady L. C. Just. My Lord what you have from my Lady is no kind of Evidence at all L. Anglesey I don't know what my Lord is I am acquainted with none of the Evidence nor what hath been done But my Lady Chaworth came to me and acquainted me There was some suspition Sir G. Jeff. I don't think it fit for me to interrupt a Person of your Honour my Lord but your Lordship knows in what place we stand here what you can say of any thing you heard of my Lord Howard we are willing to hear but the other is not Evidence As the Court will not let us offer hear-says so neither must we that are for the King permit it L. Anglesey I have told you what happened in my hearing Then Mr. Howard stood up L. C. Just. Come Mr. Howard what do you know Mr. Howard I must desire to say something of my Self and my Family first My Lord and I have been very intimate not only as Relations but as dear Friends My Lord I have been of a Family known to have great Respect and Duty for the King and I think there is no Family in the Nation so numerous that hath expressed greater Loyalty upon which account I improved my Interest in my Lord Howard I endeavoured upon the great Misunderstanding of the Nation if he be here he knows it to perswade him to apply himself to the King to serve him in that great difficulty of State which is known to all the World I sometimes found my Lord very forward and sometimes I soften'd him upon which Parly upon his permission and more upon my own inclination of Duty I made several Applications to Ministers of State and I can name them that my Lord Howard had a great desire of serving the King in the best way of Satisfaction and particularly in the great Business of his Brother I wonder'd there should be so much sharpness for a matter of Opinion and I told my Lord so and we had several Disputes about it My Lord I do say this before I come to the thing After this I did partly by his permission and partly by my own inclination to serve the King because I thought my Lord Howard a Man of Parts and saw him a Man that had interest in the Nation tell my Lord Feversham that I had prevailed with a Relation of mine that may be he might think opposite that perhaps might serve the King in this great Difficulty that is Emergent and particularly that of his Brother My Lord Feversham did receive it
THE TRYALS OF Thomas Walcot William Hone William Lord Russell John Rous William Blagg FOR HIGH TREASON For Conspiring The Death of the King And raising a REBELLION IN THIS KINGDOM At the Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday Friday and Saturday Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being meâ— and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which True and Faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the antient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign
last meeting before the Discovery that you were at Mr. Bourne The Saturday before the Discovery we met at Captain Traceys and that evening we haâ— some intimation that there was a Discovery made And I went again on Munday Morning Mr. Att. Gen. Who was there Mr. Bourne Captain Walcott Mr. Ferguson Mr. Goodenough Mr. West Mr. Norton and my self one Captain Pottle came in but he did nor stay Mr. Att. Gen. Collonel Rumsey was there to was not he Mr. Bourne Yes Sir L. C. J. And what did you resolve upon then Mr. Bourne Truly they resolved upon nothing I left them upon the debate of killing Mr. Keeling Mr. Att Gen. Why would they kill him was that debated among them Mr. Bourne Yes because he had made the Discovery Mr. Att. Gen. Did you hear them talk of standing to it with Swords in their hands Mr. Bourne Yes rather than be hang'd they thought that was the better way and to have Keeling dispatched out of the world L. C. J. Look you Sir did any of them talk of securing themselves Mr. Bourne The next morning I went again and they were all gone but Mr. West they had all secured themselves L. C. J. Was the Prisoner at the Bar there at that time when they consulted about killing Mr. Keeling Was he there at that meeting on Munday morning Mr. Bourne He was there at Captain Traceys he was there I think all the while while I was there for I was not there all the time L. C. J. To Walcott Now Sir what Question would you have Cap. Walcott My Lord if you please I would ask whether he ever heard me say any thing more or less of assassinating the King L. C. J. In the first place did you hear any thing in general of assassinating the King Mr. Bourne I did hear of it my Lord when the thing was over And as to his question I did never hear him discourse of that matter I understood the design was prevented L. C. J. Who did you understand that from Mr. Bourne From one Mr. Row and Mr. Ferguson Mr. Att. Gen. Pray in all your meetings was there no discourse of killing the King and the Duke Mr. Bourne Very little Mr. S. Jeffreys The discourse was about securing the King while Walcot was there Mr. Bourne There was such discourse in several meetings It was said it would be well if they were off and the discourse was about Lopping Mr. Att. Gen. Pray tell my Lord What discourse you had of Lopping and the general Point Mr. Bourne They said there was no way like Lopping them Mr. Att. Gen. What was understood by that Mr. Bourne The taking off the King and the Duke of York L. C. J. Was that the usual Phrase among you to signifie that Mr. Bourne Yes my Lord. L. C. J. Was he there Mr. Bourne I have heard it several times and I suppose he was there at the hearing of it L. C. J. To Walcott Look you Sir he speaks of the time of discourse of securing the King and says you were there then Capt. Walcott I had no hand in it Mr. Att. Gen. We will nail it home upon you we will call Mr. West Who was sworn Mr. S. Jeffreys Come Mr. West do you tell my Lord and the Jury the whole Story Mr. West My Lord I came acquainted with the Prisoner at the Bar last Summer Vacation by the knowledge of one Wilcocks who I suppose return'd his mony out of Ireland I heard a very fair Character of him and he I suppose met with such an one of me which did incline us both to an Intimacy and to talk freely with one another About the middle of October I observ'd a general Discontent in the City and was afraid there was some Design in hand and was very inquisitive to know it I was unwilling to be involved and surprized into a sudden Ruine and so thought fit to inquire of them that were most likely to be concerned I took Capt. Walcott for one being inform'd that my Lord Shaftsbury had sent for him out of Ireland and Capt. Walcott told me that my Lord was also sending for some Scottish Gentlemen on occasion of Carolina but that he was very cool in Carolina business and that that was but a Pretence My Lord one morning Capt. Walcott came to my Chamber and we discours't concerning the Election of Sheriffs carried on in the City contrary as we thought to the Justice of it Says he Will the People do nothing to secure themselves With that he told me a Secret and said there was a Design of an Insurrection to be made within three Weeks or a Month that would make us free or worse I told him I thought it was a certain way to bring us into a worse condition and that it was very full of hazards He told me then he did not know whether he should be concerned But a little while after he told me my Lord Shaftsbury was engag'd in such a Design and he had engag'd him in it and he told me he had an expectation of being a Colonel of Horse and ask'd me If I would have any Command under him I told him I knew some Gentlemen of the Temple that I might engage in it but I told him I had not a Constitution to bear the Toils of War My Lord he told me then That my Lord Shaftsbury to the best of my remembrance had another Design upon the King and the Duke as they came from Newmarket in October last but he told me he abhorr'd any such thing it was ungenerous and he would not be concern'd in it but only in a general Insurrection But this he did tell me I think before the thing was to be executed I imparted it to no Body till after the time of both was past But in the discourse of the Insurrection he told me I should lend him a Suit of Silk Armour which I bought about 4 or 5 years ago when the Popish Plot broke out and he would have had me kept that and used it my self which I did decline Then he told me he had very good Swords in Ireland but he wanted them here Says he I am a man that am observed because I have a Correspondence with my Lord Shaftsbury and asked me If I would provide him a good stiff Tuck I told him I would and I did bespeak one but before it was done the Design was laid aside and the Tuck was left upon my hands I came to understand that the Design was put off by means of Mr. Trenchard who had discours't about a Fortnight before of great Forces he could raise in the West and the Duke of Monmouth sent for him but his heart fail'd him and he could not raise any men upon which my Lord Gray calâ—â—d him Coxcomb This was about the 19 th of November Mr. Att. Gen. What time of November Mr. West The 19 th Mr. Att. Gen. But upon what day Mr. West Queen Elizabeth's days Mr.
Att. Gen. No Sir that is the 17 th Mr. West Now after this I understood by Capt. Walcot that Mr. Ferguson had the management and conduct of the Assassination in October and that he likewise was acquainted with the Insurrection and was a great man in it I met with Mr. Ferguson and fell into discourse with him and he treated me as he always did with a long story of the miseries of Scotland and that the people were all in slavery and bondage and would be so here if they did not free themselves and says he there are two ways thought upon for it one is by a general Insurrection and that is gone off the other is a much more compendious way by killing the King and the Duke of York My Lord I told him I thought the first way was a very dangerous way that the people were in no sort of capacity to carry it on that the Government had the Navy and the Militia and this would at the best entail a long War He told me he thought the other was the best way and we went to a Tavern where Col. Rumsey and one Row and he and I went divers times They proposed to meet at my Chamber as a place of privacy and little observation My Lord when they came to my Chamber Mr. Ferguson proposed several ways of doing it One way was as the King and Duke had their private visits in St. Iames's where it was an easie thing for Sword-men to kill them There is one thing I have omitted and that was after the design of October had miscarried I think to the best of my remembrance Capt. Walcott told me there was another design of attaquing the King and the Duke at my Lord Mayors Feast in the Hall or in their return home in Pauls Church-yard or at Ludgate and Mr. Ferguson did likewise tell me the same thing but the King not dining there the thing was wholly disappointed Another way that he proposed was that they should do it as the King and Duke went down the River they should lie behind some small Ships within a Hoy or some such thing and so overrun their Barge and if that fail'd they should break a plank with their Blunderbusses and so sink them Another way was at the Playhouse and that was to be done in this manner there should be 40 or 50 men got into the Pitt with Pocket Blunderbusses or Hand Blunderbusses and Pistols and Swords and when the Musick struck up between the Acts they should fire upon the Box but this this they thought was hazardous and therefore they thought it better to do it as he came back and pitched upon Covent-Garden under Bedford-Garden Wall because there was a conveniency for a great many men to walk in the Piazza and there might be another parcel of men planted at Covent-Garden Church Porch and within the Rails where horses could not come and while the men within the Rails fired the men in the Piazza might ingage the Guards and they in the Church Porch to come down and secure them from escaping Mr. Sol. Gen. When was this time Mr. West I think it was before Mr. Ferguson went for Holland And my Lord there was another thing propos'd I think it was Colonel Rumsey did say He wonder'd that the Lords and great Men that were so fond of the thing did not raise a Purse and buy some Body an Office who should rail against the Duke of Monmouth and the Whigs and by that means get himself an opportunity of access to the King's person My Lord after these Discourses when my Lord Shaftsbury retir'd to Holland Mr. Ferguson thought fit to do so too He was afraid of a Book that he had printed and away he went and Capt. Walcott with him In the mean time I met Col. Rumsey several times and several things were offer'd but nothing resolv'd upon A little after Christmas we met at the Salutation-Tavern in Lumbard-street and there it was agreed we should send for Mr. Ferguson and there I writ a canting Letter that he should come over for his health for he was the only man that could manage the Affair When he came over there was one Meeting at the Five Bells but I came in just as they were coming away and cannot say what past there After that they came several times to my Chamber and there Mr. Ferguson Mr. Goodenough and Mr. Rumbold undertook to provide the men L. C. J. The Men for what Mr. West The Men for the Assassination That I was not concern'd in either in Person or Purse or to procure any Body for it And they did agree to do it in the going to or from Newmarket and thereupon were several Debates Whether it should be done at their Going or Coming Back Against doing it Going Down it was objected That the Guards were left here and there and they went together but very often they return apart and therefore it was not the safest way Going Down and nothing also being prepar'd so it was resolv'd to be done Coming Back Then it was consider'd what Arms should be provided Mr. Rumbold was the Man to manage that matter and was to procure some Blunderbusses some Carbines and some Pistolls but there was nothing to be prepar'd as I know of by other persons but every Man was to provide himself Several Meetings there were they brought their Notes and conferr'd together about the Men but I remember no Names but Keeling and Burton And Mr. Goodenough said he had spoke to one Hone a Joyner and I think he spake of one Manning and these are all the Names I can remember After they had conferr'd their Notes I ask'd Mr. Ferguson What provisions of Mony he had made Says he I shall have Mony when the Men are provided but not till then For said he the last time there was some Mony rais'd and put into a Man's hand who never returned it but since I understand it was paid to Mr. Goodenough And Mr. Ferguson said Mr. Goodenough call'd him Fool for returning some Mony he had and not keeping it for his own use and my Lord Shaftsbury had often complain'd of that Injustice done him The Colonel said Mr. Charlton should pay the Mony There was a further Debate How these Arms should be got down to Mr. Rumbolds It was proposed to send them down by Smithfield Carts in Chests Others to send them down by trusty Watermen who were to cover them with Oysters Others that the Men should carry them but no Resolution taken Then it was consider'd how they should get off The next thing was how they should execute this and it was propos'd That one Party was to fall upon the Coach-Horses a second upon the Coach a third upon the Guards Captain Walcott would not undertake any thing but the Guards Capt. Walcott What do you say Sir Mr. West Sir I do say you were at my Chamber and did say you were to command that Party of Horse that were
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Commâ—n Tranquility of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of November in the Year of the Reign of our Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a Miserable Slaughter amongst the Subject of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move procure and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Soverâ—ign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
notable cunning Lawyer and if such a Challenge were to have been allowed no doubt he would have made use of it but the Challenge was not taken and if he had made such a Challenge and it had been allowed perhaps he could not have been tried That was Cook I have heard several Persons tryed for Treason my self and never heard it taken Therefore I am of Opinion that before any Statute was made in this case It was the Custom in London to try without Freeholds and since by the Statute of Queen Mary 't is restored Mr. Baron Streete I think there was no such Challenge at Common Law The Jury were only to be Probos Legales homines and no more till the Statute made it so but there is a particular Reservation for Corporations And certainly if this should be admitted to be a good Challenge tho' it were between Party and Party there would be in some Corporations a perfect failure of Justice So that without doubt at Common Law there was no such Challenge As for the Statute of H. 5. 't is gone by that of Queen Mary If this were admitted within London nothing would be more mischievous to this Corporation Methinks we have been very nice in this matter when the life of the King is at Stake and all the Customs and Priviledges of the City of London seem to be levelled at in this point I am of the Opinion with the rest of the Judges that this Challenge ought to be over-ruled Justice Withins I am of the same Opinion L. Ch. Just. My Lord the Court is of Opinion upon hearing your Counsel and the Kings that it is no good Challenge to a Jury in a case of Treason that he has not Freehold within the City But I must tell your Lordship withall That your Lordship has nothing of hardship in this case for notwithstanding that I must tell you you will have as good a Jury and better than you should have had in a Country of 4 l. or 40 s. a year Freeholders The Reason of the Law for Freeholds is That no slight Persons should be put upon a Jury where the Life of a man or his Estate comes in Question but in the City the Persons that are impannell'd are men of Quality and Substance men that have a great deal to lose And therefore your Lordship hath the same in substance as if a Challenge was allowed of Freehold It will be no kind of prejudice to your Lordship in this case Therefore if you please apply your self as the Jury is called and make your Exceptions if you shall make any L. Ch. Just. Mr. Bollexfen you shall have liberty to stay any where here if you please Counsel Here is such a great Crowd my Lord we have no room Then the Iurymen were called and after the Lord Russel had challenged One and Thirty of them the Iury sworn were as follows Jur. Iohn Martin William Rouse Iervas Seaton William Fashion Thomas Short George Toriano William Butler Iames Pickering Thomas Ieve Hugh Noden Robert Brough Thomas Omeby Then was made Proclamation for Information Cl. of Cr. William Russel Esq hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted by the name of pront before in the Indictment Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal hath put himself upon his Country which Country you are Your Charge is to inquire whether he be 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 2. November in the 34th year of this King in the Parish of Bassishawe 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 seize the Kings Guards and his Majesties Person This is the Charge the Defendant says 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 Jury most of our Evidence against this Honourable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Gray 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 secreâ—e These Gentlemen had frequent meeting 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 seize the King's 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 tho' 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 and 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 17th 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 four hours warning but now it was come to pass he could not Perform it that some Persons in the West would not joyn 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 carry on this practice they took others into their Council Sir Thomas Armstrong was left out and there falling that Scandalous Report upon my Lord Gray 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
it ought to be undertaken with the greatest Strength and Coalition in the Kingdom Sayes he My Friends are now gone so far that they can't pull their Foot back again without going further for sayes he It hath been communicated to so many that 't is impossible to keep it from taking Air and it must go on Sayes he We are not so unprovided as you think for there are so many Men that you will find as brisk Men as any in England Besides we are to have 1000 or 1500. Horse that are to be drawn by insensible Parties into Town that when the Insurrection is shall be able to Scour the Streets and hinder them from forming their Forces against us My Lord after great inlargement upon this Head and Heads of the like nature I told him I would not leave him thus and that nothing should satisfy me but an Interview between him and the Lords No I could not obtain it But if I would go and tell them what a Forwardness he was in and that if they would do themselves Right by putting themselves upon correspondent Action in their respective Places and where their Interest lay well otherwise he would go away without them So I went again to the Duke of Monmouth I spake to him only I never spake to my Lord Russel then only we were together but I had never come to any close conjunction of Counsels in my Life with him at that time Sayes I to the Duke This Man is mad and his Madness will prove fatal to us all he hath been in a Fright by being in the Tower and carryes those Fears about him that cloud his Understanding I think his Judgment hath deserted him when he goes about with those strange sanguine Hopes that I can't see what should Support him in the Ground of them Therefore sayes I Pray will you give him a Meeting God-soe sayes the Duke with all my Heart and I desire nothing more Now I told him I had been with my Lord Shaftesbury with other Inlargements that I need not trouble your Lordship with Well sayes he pray go to him and try if it be possible to get a Meeting So I went to him and told him Sayes I This is a great unhappiness and it seems to be a great Absurdity that you are so forward to Act alone in such a thing as this Pray sayes I without any more to do since you have this Confidence to send for me let me prevail with you to Meet them and give them an Interview or else you and I must break I will no longer hold any Correspondence unless it be so Sayes he I tell you they will betray me In short he did with much importunity yield That he would come out the next Nightin a Disguise By this time it was Saturday I take it to be the sixth of October an Almanack will settle that So the next Night being Sunday and the Shops shut he would come out in a Concealment be carried in a Coach and brought to his own House which he thought then was safest I came and gave the Duke of Monmouth an Account of it the Duke I suppose conveyed the same Understanding to my Lord Russel and I suppose both would have been there accordingly to have given the Meeting but next Morning I found Collonel Romsey had left a Note at my House that the Meeting could not be that Day Then I went to the Duke of Monmouth and he had had the Account before That my Lord Shaftesbury did apprehend himself to be in some Danger in that House and that the Apprehension had occasioned him to remove but we should be sure to hear from him in two or three dayes We took it as a Waver and thought he did from thence intend to Abscond hinself from us and it proved so to me for from that time I never saw him But Capt. Walcot came to me and told me that he was withdrawn but it was for fear his Lodgeing might be discovered but he did not doubt but in a week he would let me know where his lodging was But told me within such a time which I think was 8 or 10 days there would be a Rising and I told the D. of Monmouth and I believe he told my L. Russel And we believed his Frenzy was now grown to that heigth that he would Rise immediately and put his design in execution so we endeavoured to prevent it Upon which my Lord Russel I was told and the Duke of Monmouth did force their way to my Lord Shaftsburyes and did perswade him to put off the day of his Rendezvous I had not this from my L. Russel for I had not spoke a word to him but the Duke told me my L. Russel had been with him I had indeed an intimation that he had been with him but the Duke told me says he I have not been with him but my L. Russel was having been convey'd by Col. Romsey After this day was put off it seems it was put off with this condition That those Lords and divers others should be in a readiness to raise the Country about that day Fortnight or thereabouts for there was not above a Fortnight's time given And says the Duke of Monmouth we have put it off but now we must be in Action for there 's no holding it off any longer And says he I have been at Wapping all night and I never saw a Company of Bolder and Brisker fellows in my life And sayes he I have been found the Tower and seen the Avenues of it and I do not think it will be hard in a little time to possess our selves of it But says he they are in the wrong way yet we are ingaged to be ready for them in a Fortnight and therefore says he now we must apply our selves to it as well as we can And thereupon I believe they did send into the Country and the Duke of Monmouth told me he spake to Mr. Trenchard who was to take particular care of Sommerset-Shire with this circumstance Says he I thought Mr. Trenchard had been a brisker fellow for when I told him of it he looked so pale I thought he would have swooned when I brought him to the brink of Action and said I pray go and do what you can among your acquaintance And truly I thought it would have come then to Action But I went the next day to him he said it was impossible they could not get the Gent. of the Country to stir yet L. Russel My Lord I think I have very hard measure here is a great deal of Evidence by hear-say L. Ch. Just. This is nothing against you I declare it to the Jury Mr. Att. Gen. If it please you my Lord Go on in the method of Time This is nothing against you but it 's coming to you if your Lordship will have patience I assure you L. Howard This is just in the order it was done When this was put off then they
Understand the Estate of Scotland give an Account of it The persons agreed on were Sir Iohn Cockram my Lord Melvil and another whose Name I have since been told upon my Description Sir Hugh Cambel For this purpose we did order a Person should be thought on that was fit Mr At. 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. At. Gen. Who was Intrusted to take care of that Business L. Howard Colonel Sidney We in discourse did agree to refer it to Colonel Sidney to have the care of sending a Person Mr. At. 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. At. 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. At. Gen. You are sure my Lord Russell was there L. Howard Yes Sir I wish I could say he was not Mr. At. 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 Judgment and not very Lavish in Discourse Sir G. 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 their consent Mr. Sâ—l 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 Jealousy Mr. At. 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 Money 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. At. 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 Iohn Cockram was also come to Town L. C. 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 and more then this I know not L. C Just. My Lord Russell Now if your Lordship pleases is the time for you to ask him any Questions L. Russell The most he hath said of me my Lord is onely hearsay the two times we met it was upon no formed design only to talk of News and talk of things in General L. C. Just. 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 Kingdome And that to that purpose choice was made of the Duke of Monmoth 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. Hâ—ward '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. C. Just. Will your Lordship please to have any other Questions asked of my Lord Howard L. Russell He says it was a formed Design when we met about no such thing L. C. Just. 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 Londâ—n or in more Foreign parts that you had several Debates concerning it he does make mention of some of the Duke of Monmouth's 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 Money and Arms and to Ingage the Kingdom of Scotland in this Business with you that it was agreed among you that a â—ehenger 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 Meâ—enger is by Report only Mr. At. Gen. I beg your pardon my Lord. L. C. Just. 'T is so that what he heard concerning the sending of Aaron Smith Mr. At. Gen. Will you ask him any Questions L. Russell We met but there was no Debate of any such thing nor putting any thing in method But my Lord Hâ—ward is a Man hath a voluble Tongue talks very well and is full of â—iscourse and we were delighted to hear him Mr. At. Gen. I think your Lordship did mention the Cambâ—lls L. Howard I did â—tammer it out but not without a â—arenthesis it was a Person of the Alliance and I thought of the name of the Argyles L. Russell 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. At. Gen. Aaron Smith did go and Caâ—bell he went for is here taken This is the Meâ—enger Pray what do you know of the Apprehending of the Cambells Mr. Atterbury If it please your Loâ—dship I did not Apprehend Sir Hugh Cambell my self but he is now in my Cuâ—tody he was making his Escape out of a â—oodmongers-House both he and his Son Mr. At. 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 â—own together Mr. At.
Gen. â—â— Lâ—rd we shall besides this now we have fixed this upon my Lord give you â—nâ—ccount that these Persons that wâ—re to Rise always took them as their Pay-masters and expected their Assistance Mr. â—est Mr Keeling and Mr. Lesgh â—r West Sworn Mr. At. Gen. That which I call you to is to know whether or no in your managery of this Plot you undâ—râ—tood any of the Lords were concâ—rned and which Mr. West My Lord As to my Lord Russell I never had any Conversation with him at all but that I have heard in this â—hat in the Inâ—â—rreâ—tion in November Mr. Ferguson and Colonel Rumsey did reliâ—me that my Lord Rusâ—ell intended to go down and take his Post in the West when Mr Trenchard had failed them L. C. Just. What is this Mr. At. 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 Russell was the Man they most depended upon because he was a Person looked upon as of great Sobriety L. Russell Can I hinder People from making use of my Name To have this brought to inâ—â—uence the Gentlemen of the Jury and inâ—ame them against me is hard L. C. Just. As to this the giving Evidence by hear-say will not be Evidence what Colonel Rumsey or Mr. Ferguâ—â—n told Mr. West is no Evidence Mr. At Gen. 'T is not Evidence to Convict a Man if there were not plain Evidence before but in plainly confirms what the other Swears But I think we need no more Sir G. Jeff. We have Evidencâ— without it and will not use any thing of Garniture we will leave it as 't is we woâ—'t trouble your Lordship any further I think Mr. Attorney we have done with our Evidence L. C. Just. My Lord Russell 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 â—â—se and proved againâ—t your Lordship Here is Colonel Rumâ—ey 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 Shaftâ—bury 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 failed 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 Rumsey is as to the time they do agree L. Russell Col. Rumsey is not positive that I say'd or heard anything L. C. Just. 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 Greivances of the Nation And then my Lord Howard after a great dicourse concerning the many designs of my Lord Shaftsbury comes particularly to your Lordship and says that Six of you as a chosen Counsel among your selves not that you were actually chosen but as a chosen Counsel among your selves did undertake to mannage the great matter of the Insurrection and Raising of Men in order to surprize the Kings Guards and for to Rise which is a Rebellion in the Nation He says that you had severâ—l Consults concerning it I told you the several particulars of those Consults He mentioned Now it is fit for your Lordship and 't is your time to give some answer to these things L. Russell My Lord I cannot but think my self mighty unfortunate to stand here charged with so High and Hainous a Crime and that intricated and intermixed with the Treasons and horrid Practices and Speeches of other People the Kings Counsel taking all advantages and improving and heightning things against me I am no Lawyer a very unready speaker and altogether a stranger to things of this Nature and aloâ—e and without Councel Truly my Lord I am very sensible I am not so provided to make my just defence as otherwise I should do But my Lord you are equal and the Gentlemen of the Jury I think are Men of Consciences they are Strangers to me and I hope they value Innocent Blood and will consider the Witnesses they may be accounted they can't be Credible And for Col Rumsey who it's Notoriously known hath been so highly Obliged by the King and the Duke for him to be capable of such a design of Murdering the King I think no body will wonder if to save his own Life he will endeavour to take away mine neither does he Swear enough to do it And then if he did the Time by the 13 th of this King is Elapsed it must be as I understand by the Law Prosecuted withiSix Months and by the 25 E. 3. a design of Levying War is no Treason unless by some overt Aâ—â—it appear And my Lord I desire to know what Statute I am to be Tryed upon for Generals I think are not to be gone upon in these Cases L. C. Just. To the Attorney Generalâ— Mr. Attorney You hear what it is my Lord Objects to this Evidence He says that as to those Witnesses that Testify any thing concerning him above Six Months before he was Prosecuted he conceives the Act of Parliament upon which â—e takes himself to be Indicted does not extend to it for that says that within Six Months there ought to have been a Prosecution And my Lord tells you that he is advised that a design of Levying War without actual Levying of War was not Treason before that Statute Mr. At. Gen. To Satisfy my Lord He is not Indicted upon that Statute We go upon the 25 E. 3. But then for the next Objection surely My Lord is Informed wrong To Raise a Rebellion or a Conspiracy within the Kingdom is it not that which is called Levying of War in that Statute but to Raise a Number of Men to brake Prisons c. Which is not so directly tending against the Life of the King To prepare Forces to Fight against the King that is a design within that Statute to Kill the King And to design to depose the King to Imprison the King to Raise the Subjects against the King these have been setled by several Resolutions to be Within that Statute and Evidences of a design of Killing the King L. Russell My Lord
This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. Gen My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence Stands There is one Evidence since Christmas last L. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. C. Just. If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think t is not Punishable by that Act. I desire Counsel may be admitted upon so Nice a Point My Life Lies at Stake here 's but one Witness that speaks of a Message Sir Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell My Lord I do not think it proved I hope you will be of Counsel for me t is very hard for me that my Counsel may not speak for me in a point of Law L. C. Just. My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy says he brought a Message which I will Swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and Seven Months agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not â—tay above a quarter of an hour tasting Sherry with Mr. Sheppard L. C. Just. Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. of Cro. Whereas divers opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Uiolate the Kings Compagnion or the Kings Eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or elsewhere and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfeit the Kings Great or Privy Seal or his money and if a man bring false money into this Realm counterfeit to the money of England as the money called Lushburgh or other like to the said money of England Knowing the money to be false to Marchandise or make Payment in desceit of our said Lord the King and of his People and if a man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of â—â—ise and all other Iustices designed to hear and determin being in their places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just. My Lord That which is urged against you by the Kings Counsel is this You are accused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L. Russell It is in a Poynt of Law and I desire Counsel Mr. At. Gen. Admit your Consultations and we will hear them L. C. Just. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russell has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Colonel Rumsey and my Lord Howard have Deposed whether then this be Treason we can hear your Counsel to nothing else L. Russell I do not know how to answer to it The point methinks must be quite otherwise that there should be Two Witnesses to one thing at the same time Mr. At. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russell It was to the same point Mr. At. Gen. To the general point the lopping point Sir G. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. Just. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you can't contradict them by
that Conspiracy and imagination by is the assembling in Council to raise Arms against the King and raise a Rebellion here We have proved that to you by Three Witnesses I shall endeavour as clearly as I can to state the substance of the Evidence to you of every one of them as they have delivered it The first Witness Colonel Romsey comes and he tells you of a Message he was sent of to Mr. Sheppards house to my Lord Russel with several other persons who he was told would be there assembled together And the Message was to know what readiness they were in what Resolutions they were come to concerning the Rising at Taunton By this you do perceive that this Conspiracy had made some progress and was ripe to be put in action My Lord Shaftesbury that had been a great Contriver in it he had pursued it so far as to be ready to rise This occasioned the Message from my Lord Shaftesbury to my Lord Russel and those Noble persons that were met at Mr. Sheppards house to know what the Resolution was concerning the business of Taunton which you have heard explained by an undertaking of Mr. Trenchards That the answer was they were disappointed there and they could not then be ready and that my Lord Shaftesbury must be content This Message was delivered in presence of my Lord Russel the Messenger had notice my Lord Russel was there the Answer was given as from them all That at present they could not be ready because of that disappointment Col. Romsey went further and he Swears there was a Discourse concerning the Surprizing of the Guards and the Duke of Monmouth my Lord Gray and Sir Thomas Armstrong went to see in what posture they were in whether it were feasible to surprize them and they found them very remiss and that account they brought back as is proved to you by Mr. Sheppard the other Witness That it was a thing very feasible But to conclude with the substance of Col. Romseys Evidence he says my Lord was privy to it that he did discourse among the rest of it though my Lord was not a man of so great discourse as the rest and did talk of a Rising He told you there was a Rising determined to be on the 19th of November last which is the substance of Col. Romseys Evidence Gentlemen the next Witness is Mr. Sheppard and his Evidence was this he Swears that about October last Mr. Ferguson came to him of a Message from the Duke of Monmouth to let him know that he and some other persons of Quality would be there that night that accordingly they did meet and my Lord Russel was there likewise that they did desire to be private and his Servants were sent away and that he was the man that did attend them He Swears there was a discourse-concerning the way and method to seize the Guards he goes so far as to give an account of the Return of the Errand the Duke of Monmouth my Lord Gray and Sir Thomas Armstrong went upon That it was feasible if they had strength to do it Then he went a little farther and he told you there was a Paper read that in his Evidence does not come up to my Lord Russel for he did not say my Lord Russel was by and I would willingly repeat nothing but what concerns the Prisoner This therefore Col. Romsey and Mr. Sheppard agree in That there was a Debate among them how to surprize the Guards and whether that was feasible and Mr. Sheppard is positive as to the return made upon the view The next Witness was my Lord Howard he gives you an account of many things and many things that he tells you are by hearsay But I cannot but observe to you that all this hearsay is confirmed by these two positive Witnesses and their Oaths agree with him in it For my Lord Shaftsbury told him of the disappointment he had met with from these Noble Persons that would not joyn with him and then he went from my Lord Shaftsbury to the Duke of Monmouth to expostulate with him about it for my Lord Shaftsbury was then ready to be in action and that the Duke said he always told him he would not engage at that time This thing is confirmed to you by these two Witnesses Col. Romsey says when he brought the Message from my Lord Shaftsbury the answer was They were not ready my Lord must be contented Next he goes on with a discourse concerning my Lord Shaftsbury that does not immediaâ—â—ly come up to the Prisoner at the Bar but it manifests there was a Designe at that time he had 10000 brisk Boys as he called them ready to follow him upon the holding up his finger But it was thought not so prudent to begin it unless they could joyn all their Forces So you hear in this they were disappointed And partly by another accident too my Lord Howard had an apprehention it might be discovered that was upon the Proclamation that came out forbidding Bonfires to prevent the ordinary Tumâ—lts that used to be upon those occasions Then my Lord Howard goes on and comes particularly to my Lord Russel for upon this disappointment you find my Lord Shaftsbury thought fit to be gone But after that the Designe was not laid aside for you hear they onely told him all along they could not be ready at that time but the Designe went on still to raise Arms and then they took upon themselves to consult of the methods of it and for the carrying it on with the greater secrecy they chose a select Council of Six which were the Duke of Monmouth my Lord of Effix my Lord Howard my Lord Russel Mr. Hambden and Col. Sidney That accordingly they met at Mr. Hambden's there was their first meeting and their Consultation there was how the Insurrection should be made whether first in London or whether first in the Country or whether both in London and in the Country at one time They had some Debates among themselves that it was fittest first to be in the Country for if the King should send his Guards down to suppress them then the City that was then as well disposed to rise would be without a Guard and easily effect their designes here Their next meeting was at my Lord Russel's own house and there their Debates were still about the same matter how to get in Scotland to their assistance and in order to that they did intrust Col. Sidney one of their Counsel to send a Messenger into Scotland for some persons to come hither my Lord Melvin Sir Hugh Cambell and Sir Iohn Cockram Accordingly Col. Sidney sends Aaron Smith but this is onely what Col. Sidney told my Lord afterwards that he had done it but you see the fruit of it Accordingly they are come to Town and Sir Hugh Cambell is taken by a Messenger upon his arrival and he had been but four days in Town and he had changed his Lodging three
you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly name of the Imperial Crown of this his â—â—â—â—dom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the second day of March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
undertake it So about three or four meetings after Captain Walcot came and he was resolved at last to join in the matter but he would not have an hand in attacking the Coach but he would command a Party that should charge the Guards L. C. J. What did he say Col. Rumsey He would not meddle with the King in the Coach but he would command a Party that should charge the Guards that came along with him Mr. Att. Gen. After what manner was it setled that it should be done Col. Rumsey There were several Parties one small Party was to have killed the Postillion another to kill the Horses and Mr. Rumbold with a certain number to seise the Coach and Capt. Walcot the Guards Mr. Att. Gen. Where was it to be done Col. Rumsey At Mr. Rumbold's house L. C. J. Where is that Col. Rumsey Near Hodsdon L. C. J. For what purpose was Mr. Rumbold and those other men to attacque the Coach Col. Rumsey To murder the King and the Duke L. C. J. How was it designed to be done by Pistol or how Col. Rumsey By Blunderbusses and if they mist then Swords Mr. Att. Gen. Did they give any Directions about preparing Arms Col. Rumsey When that time fail'd after the Fire fell out at New-Market L. C. J. When was this to be done Col. Rumsey When the King returned from New-Market L. C. J. About what time Col. Rumsey The Saturday before Easter L. C. J. I don't ask you the day but was it when the King was last at New-Market or before Col. Rumsey Last at New-Market L. C. J. When he was last at New-Market in his return from thence Col. Rumsey In his return from thence L. C. J. Whereabouts Col. Rumsey At Rumbold's house which is near Hodsdon L. C. J. In Hertfordshire Col. Rumsey In Hertfordshire L. C. J. And you say those methods were chalked out by them that Rumbold and some others were to attacque the Coach others to kill the Postillion others to kill the Horses and this Gentleman with a commanded Party was to fall upon the Guards You say this Col. Rumsey Yes my Lord. Capt. Walcot I would beg leave my Lord L. C. J. Stay Captain Walcot you shall have leave to ask him any thing by and by but you must first let the Kings Council have done with him Mr. Att. Gen. I would ask you what you know of a design at any other time Col. Rumsey I do know nothing I heard by Mr. West but I knew nothing before L. C. J. Mr. Rumsey About what time was this resolution taken up as near as you can I ask neither the Day nor the Week but about what Month Col. Rumsey The beginning of it was in February L. C. J. Last February Col. Rumsey Last February Mr. Ferguson and Capt. Walcot came to this Town upon Ash-wednesday Mr. S. Jeffreys What other meetings were you at Sir Col. Rumsey This was the first when the Prisoner at the Bar came in The first time was at Mr. West's Chamber where he came There it was considered and debated Mr. S. Jeffreys Very well you say that was the first time Capt. Walcot came in Col. Rumsey It was at Mr. West's Chamber This was before the King came from New-Market that they were to do this and the number of men could not be got ready so there were several meetings afterward at Mr. West's Chamber to consult whether they could raise the number they resolved upon and there were Notes brought by Mr. Goodenough and Mr. Rumbold of many names I cannot say who else brought notes of the mens names to see that they might not be deceived in the number and at that time Capt. Walcot was there and did undertake to go to Mr. Rumbold's house and I think did go down to the very place L. C. J. Look you Sir was there any number of men insisted upon for doing this villany Col. Rumsey Capt. Rumbold did insist upon 50. men L. C. J. But Capt. Walcot how many was he to have Col. Rumsey It was not divided to a perfect number Mr. S. Jeffreys What other meetings were you at with Captain Walcot Col. Rumsey I was at the Salutation with him and the green Dragon with him Mr. S. Jeffreys Where is that Col. Rumsey The green Dragon is upon Snow-Hill Mr. S. Jeffreys Where is the Salutation Col. Rumsey In Lumbard-street Mr. S. Jeffreys Now tell what discourses you had there Col. Rumsey That was about dividing the City into 20 parts to see how many men could be raised out of every part and they were to be divided into fifteenths and every man to lead a fifteenth that they might not be at a loss Mr. Att. Gen. Who was intrusted with this to do it Col. Rumsey Mr. Goodenough Mr. West and Mr. Wade Mr. Att. Gen. What account did they give of what they had done Col. Rumsey M. Goodenough gave an account of 7 parts of the 20. and said out of them would be raised 2900 men and made an estimate that the other 13. would not raise above as many more for those were the most considerable parts as Wapping and Southwark Mr. S. Jeffreys Mr. Ramsey Pray what consultation had you afterward and what was done after L. C. J. Pray let us go on a little gradatim What was the reason that this was not effected when the King returned from New-Market Col. Rumsey The fire happened and brought the King sooner from New-Market than the men could be got ready L. C. J. Was there a day appointed for the doing this had you a prospect when the King would return Col. Rumsey Yes it was commonly talked that it would be the Saturday before Easter but he came on the Tuesday before L. C. J. Then give us an account how that design was disappointed at that time Col. Rumsey The fire happened in New-Market and they were all in a confusion and could not get their men ready by Tuesday the news came upon Friday to Town L. C. J. Of the fire Col. Rumsey Of the fire and there was a meeting Mr. Ferguson lodged then in Covent-Garden and sent to several to come to him to see if men could be got together against Tuesday when the King was to come in and it could not be done and it was laid aside for that time Mr. Att. Gen. Upon that what resolution was taken Col. Rumsey Then they had a meeting and Ferguson was not there there was Cap. Walcot Mr. West and Mr. Goodenough this was immediately after this disappointment I am not certain whether it was in Mr. West's Chamber and that there might no accident happen afterwards to hinder it it was resolved that money should be raised for the buying of Arms and Mr. Ferguson undertook to raise money to buy Arms and Mr. West did undertake to provide them Mr. Att. Gen. Who undertook to provide men Col. Rumsey Mr. Goodenough and Mr. Rumbold L. C. J. Look you Colonel Rumsey after this disappointment when this next
meeting was had you any further design upon the King then Col. Rumsey Yes my Lord. L. C. J. Give us some account of that Col. Rumsey It was to be done a coming from Windsor to London or from Windsor to Hampton-Court or the Play-House and therefore that Arms should be ready against any opportunity that should happen let it be what it would and Mr. West did undertake to provide Arms and he told me he bought them and did not get his mony in six or seven weeks after a day or two after going to Ferguson he told him now he might have his money if he would send a Note to Major Wildman but after he was told that Major Wildman would not pay it by Note but he must send Mr. Rumbold to him for it for he would trust no body else but him And so Mr. West did send Mr. Rumbold and he was there at his house by six a clock in the morning but he was gone out of Town an hour before so Mr. West went to Mr. Ferguson and he then told him that he should have money in two or three days if he would come to him and Mr. West did go to him and he paid him an hundred pound Mr. Att. Gen. Was there any provision made for a Rising now again Col. Rumsey Yes this general Rising by this division of the City was intended to be ready against the first opportunity that hapned Mr. Att. Gen. Before this Discovery did you keep up these Meetings Mr. Sol. Gen. When was your last time Col. Rumsey My Lord I think it was the very Thursday before the Discovery but then on Friday or Saturday we had inklings that this was discovered and did meet at the George upon Ludgate Hill L. C. J. Who met then Col. Rumsey I think it was the very Thursday before I am not very certain we mâ—t at the Salutation in Lumbard-Street and there was Captain Walcott Mr. West Mr. Wade the two Goodenoughs and Mr. Nelthrop and my self Mr. Att. Gen. What did it come to pray what was your Discourse then and Resolution Col. Rumsey The Resolution was still to carry it on We went thither to know of Mr. Goodenough what was done about the other thirteen parts he told us he had no account but he said he thought he should have a Meeting on Saturday in the afternoon at Ludgate-Hill at the George to have his answer but the Discovery coming there did only meet Mr. Norton Mr. Bourne there was another I don't know who the other was there was a fourth Mr. Att. Gen. Mr. Rumsey Pray after the Discovery What did you resolve upon What Meetings had you upon your Flight Col. Rumsey We met at Capt. Tracey's Mr. Att. Gen. What day was that Col. Rumsey That was upon the Monday after the Discovery Mr. S. Jeffreys Who was there Col. Rumsey There was Capt. Walcott Mr. West Mr. Wade Mr. Nelthrop the two Goodenoughs and Mr. Ferguson Mr. Att. Gen. What did you discourse of there Col. Rumsey There was exclaiming against Mr. Keeling and taking Resolutions to be gone L. C. J. Mr. Keeling What was Keeling Col. Rumsey Mr. Keeling was he that made the Discovery Mr. S. Jeffreys Have you ever been in Keeling's Company Col. Rumsey I was that time we met at the Salutation he came in there for a quarter of an hour L. C. J. Look you Sir Do you know Capt. Walcott Are you sure it is that Gentleman at the Bar Col. Rumsey Yes my Lord. L. C. J. Hath he owned always the Name of Walcott Col. Rumsey Yes my Lord. L. C. J. What did he say to Mr. Keeling when he came to the Salutation Col. Rumsey There was in that very days Gazette a Report of a Rising at Cologne and one Gulick that headed them and said Mr. West to Keeling he should be our Gulick Mr. Att. Gen. Pray how did he interpret it at that time Col. Rumsey Mr. West said that Gulick was Keeling Gu was Keel and lick was ing Mr. S. Jeffreys A Quirk upon his Name Mr. Att. Gen. When you resolved to flie Had you any discourse of making a Stand and fighting the Government then Col. Rumsey Not that I know of I was not all the time with them L. C. J. Look you Colonel Rumsey let me ask you this What was Keeling to do Was there any Post assigned to Keeling in this Col. Rumsey I never saw him before L. C. J. How long was it before the Discovery that you did see him Col. Rumsey The Thursday before L. C. J. At the Salutation Tavern Col. Rumsey Yes he was there call'd Gulick Mr. S. Jeffries If Captain Walcot will ask him any Questions he may L. C. J. Look you Mr. Walcot now you may ask Colonel Rumsey tell me what Questions you would have asked and I will ask him Capt. Walcott I desire Colonel Rumsey may be asked Whether I ever met at Mr. West's Chamber till after His Majesties Return from Newmarket L. C. J. Look you Sir you hear the Question it is Whether ever Mr. Walcot met with Mr. West till after the King 's Return from Newmarket Col. Rumsey Till after L. C. J. Till after the King's Return Col. Rumsey Yes Sir Capt. Walcott My Lord I have sufficient Evidence against that Mr. S. Jeffries I think that he was to undertake the Guards that was before the King came from Newmarket L. C. J. He hath given this Evidence He was there and he would not attaque the Coach he would not meddle with the King but he would fall upon the Guards Capt. Walcott Shall I speak a word my Lord L. C. J. Look you I will tell you you shall have your Answers to these things you have Pen Ink and Paper Capt. Walcott But I have a bad memory and I am afraid I shall forget this very thing Mr. S. Jefferies I hope the Jury will not forget it L. C. S. Look you Mr. Walcott we must not admit you to break in upon the King's Evidence when that is heard you shall have your liberty to make your Answer to any thing and call any Witness Col. Rumsey My Lord I will give one Instance more There was one Meeting at the Five Bells in the Strand where there was only Ferguson Captain Rumbold Mr. West Goodenough and my self And Mr. Ferguson told us that Night that Captain Walcott would come the next Meeting we had at Mr. West's Chamber L. C. J. Then Captain Walcott was not with you at the Five Bells Col. Rumsey Mr. Ferguson told us he would come in the next time at Mr. West's Chamber and there he did come L. C. J. And that was before the King went to Newmarket Pray Sir answer this Was this before the King went to Newmarket or not Col. Rumsey No my Lord this was when he was at Newmarket for the King was at Newmarket when he and Mr. Ferguson came from Holland the King was then at Newmarket Mr. S. Jefferies Now we will call Mr.