should be kill'd and as many of the Lieutenancy as they could get and the Principal Ministers of State My Lord Halifax and My Lord Rochester that now is and My Lord Keeper for which they gave this Reason because he had the Great Seal and My Lord Rochester as like to stand by the Dukes Interest and my Lord Hallifax as being one that had Profest himself of the Party before and turn'd from the Right side and had put the Court upon that which otherwise they would never have Acted nor had the Courage to have done As for My Lord Keeper They said they would Hang him for the Murder of Colledge and upon the same Post Colledge had hung Sir Iohn Moor was to be Kill'd and to be hung up in Guild-hall as a betrayer of the Rights and Liberties of the City And your Lordships to be Flead and stuft and hung up in Westminster-Hall and a great many of the Pentional Parliament hanged up as Betrayers of the Rights of the People L. C. J. How was this to be done to Flea them and Stuff them Mr. West Yes I understood it so Mr. Attor Gen. At these Discourses was this Gentleman present Mr. West He was not at my Chamber so often as the rest he came not there till towards the latter end but he was there sometimes when these things were discours'd of L. C. J. But you say he did at last undertake to Fight the Guards Mr. West Yes Upon the News of the Fire says he I believe God shews his disapprobation of the thing Says Mr. Ferguson I believe he reserves them for worse Punishment Mr. Walcot said He desired to have his Name conceal'd Why says Ferguson why should you be ashamed it is a glorious Action and such an Action as I hope to see Publickly gratifyed by the Parliament and question not but you will be Fam'd for it and Statues Erected for you with the Title of Liberatores Patriae Mr. S. Jefferies What is this Ferguson Mr. West He is an Independent Parson Mr. S. Jefferies He Preached excellent Gospel Mr. West Says he I have told some Non-Conformists and they desired me to forbear but says he they are silly people that do not know how to distinguish between killing a Prince for difference in Opinion about Religion and destroying a Tyrant for preservation of the Rights and Liberties of the People He said it was an action that would make all the Princes of the World tremble and teach them to use their Subjects kindly My Lord they did design at the same time when the Mayor and Sheriffs were to be kill'd that Mr. Papillon and Mr. Dubois should be forced to take the Office of Sheriffs upon them and if they would not take it they would use them as they did the other and that Sir Thomas Gold or Sir Iohn Shorter or Alderman Cornish should be set up for Lord Mayor but rather Alderman Cornish as the fitter person I asked them further what they would do with the King 's Natural Sons Says he They are good lusty Lads I think we had as good keep them for Porters and Watermen and for my Lady Ann they had as good Marry her to some Country Gentleman for a breed to keep out Foreign Pretences Mr. S. Jeffryes I perceive they left nothing unconsidered Mr. Att. Gen. Mr. West To repeat all their passages would fill a Volume but as to the continuation of the Rising and whether it was continued Mr. West I have a great many particulars but have them not in method Mr. Soll. General Answer Questions then Mr. West When Mr. Rumbold came to Town he said he saw the King come by but with six Guards and believed he could have done it with six Men if he had been provided with Arms. This is all I can say except some little Dâ—â—course which I have not time to reduce into Method About Christmas Coll. Rumsey told me there was a Design carrying on among the Lords and great Men by whom I alwaies understood the Duke of Monmouth my Lord Russel my Lord Grey Lord Howard Coll. Sidney Major Wildman Mr. Hambden for an Insurrection and that this was designed to be done about March Coll. Rumsey and I were discoursing oâ— it and Coll. Rumsey thought it fit to draw up some things that we should require of them to do for the People and a Paper was drawn up but my Lord Russel said they were rejected and all should be left to the Parliament And Coll. Rumsey said The Duke was inclin'd to gratify the Parliament but the Lords about him were for Great Places and they would suffer him to do nothing Mr. S. Jeffryes Now tell us about Culing Mr. West I Dined at a Tavern with Coll. Rumsey Mr. Wade Mr. Nelthrop Mr. Goodenough Capt. Walcot and Mr. Norton Mr. S. Jeffries What was your Discourse there about Mr. Wâ—st There was no Discourse that had any particular point Mr. Sollicitor Was there nothing of Division of the City Mr. West Sir Goodenough gave some general Account but nothing was done upon it while we were there in came Mr. Keeling to speak with Mr. Goodenough and Mr. Nelthrop and in the Gazette that day was an Account of the Insurrection at Collen and Mr. Nelthrop when he came in call'd this Man Culing What is that what do you mean says he I was then writing a Letter and told him Culing in Dutch was the sâ—me as Keeling in English Mr. Nelthrop took me aside Says he What will you say if I and some Friends of mine deliver the City and save the Charter and no body shall know of it till it be done but sâ—ys he shall not I be Hang'd for it Said I Take heed what you do no body will be Hang'd for any good thing as to the Delivering of the City There was a Treaty between the Scots and our Persons of Quality here and Coll. Sidney and Major Wildman had the management of it as I understood At last they came down to some Terms They would have had 10000 l. to buy Arms and came down at last to 5000 l. and the Earl of Argyle was to Head them but when Mr. Ferguson paid me for the Arms he told me The Scots business was quite off and Wildman and Sidney haddone ill with the Scots for after they had kept them and treated with them Two or three Monrhs they broke off because the Scots would not declare for a Commonwealth the first hour and Extirpating of Monarchy and the Family of the Stuarts and that the Scots Answer was That would be to Destroy all their Interest among the Lords and Providence might orderit so as to bring it to a Commonwealth but that was a business of time When this was broke off Mr. Ferguson told me That the Duke of Monmouth was willing to speak with me and Goodenough and some others I told him I never had nor was willing to speak with him Then he said Sir Thomas Armestrong would I told him
the Challenge they return either 60 or 80 And I presume your Lordship was attended with the Names delivered Sir Geo. Jeff. How many Names was delivered Mr. Atwood Above 100. L. Russel I had nothing of a Pannel delivered to me but some Names L. Ch. Just. There was never any formal Pannel delivered to any Person Accused The Copy of it is in Paper always L. Russel How can I know who to Challenge L. Ch. J. My Lord the Copy of it is in your hands your Lordship hath been deceived in this by not understanding the true Nature of these things if we were to give you a new one we could give you but such an one L. Russel I had no Paper from the true Officer L. Ch. Just. No but from your Servant Mr. Attor Gen. My Lord you will have cause to complain if they are not the same men we now shall call L. Ch. J. My Lord That Paper will guide your Lordship in your Challenges L. Russel My Lord I did not mind it I put it away My Lord with your Favour I must needs insist upon having a Pannel and that you will put it off till the Afternoon I have a Witness that is not in Town My Counsel told me it was never done or very seldome Arraigning and Trying at the same time except in case of Common Malefactors L. Ch. J. Mr. Attorney why may not this Tryal be respited till the Afternoon Mr. Attor Gen. Pray call the Jury L. Ch. J. My Lord the Kings Counsel think it not reasonable to put off the Tryal longer and we can't put it off without their Consent in this Case L. Russel My Lord 'T is hard I thought the Law had allowed a pretty deal of favour to a man when he came upon his Life How can I know to except against men that I never heard or saw one of them Cl. of Cr. You the Prisoner at the Bar those good Men that have been now called and here appear are to pass between you and our Soveraign Lord the King upon your Life or Death if you Challenge any of them you must speak as they come to the Book to be Sworn before they are Sworn L. Russel My Lord may not I have the use of Pen Ink and Paper Court Yes my Lord. L. Russel My Lord may I make use of any Papers I have L. Ch. Just. Yes by all means L. Russel May I have some body write to help my memory Mr. Att. Gen. Yes a Servant L. Ch. Just. Any of your Servants shall assist you in writing any thing you please for you L. Russel My Wife is here my Lord to do it L. Ch. Just. If my Lady please to give her self the trouble Mr. Att. Gen. My Lord you may have two Persons to write for you if you please L. Russel My Lord here hath been a name read that I never saw in the List of the Jury I had I heard Sir Andrew Foster called L. Ch. Just. He is not called to be of the Jury Cl. of Cr. Call Iohn Martin He appears L. Russel Are you a Freeholder of 40 s. a year I hope none are allowed in the Pannel but those that have Freeholds L. Ch. Just. There is no Pannel made in London by Freeholders we have very few Freeholders capable of being impannel'd because the Estates of the City belong much to the Nobility and Gentlemen that live abroad and to Corporations therefore in the City of London the Challenge of Freeholders is excepted L. Russel My Lord I thought it had been always so and the Law had been clear in that Case throughout England that no man ought to be tryed for his life but by those that have Freeholds My Lord I remember I read the Statute of 2 H. 5. where 't is positive that no Persons shall be Judged in cases of life and death but by those that have 40 s. a year L. Ch. Just. My Lord that Statute extends not to this Case Read the Statute Cl. of Cr. Whereas Perjury is much used in the City of London upon Persons c. L. Ch. Just. Is this the Statute your Lordship has read L. Russel This is not in the case of life and death L. Ch. Just. It is not my Lord. L. Russel That that I read is positive And if your Lordship will not allow of it I desire my Counsel may come and argue it for 't is a matter of Law and I can't argue it whether the Jury are not to be Freeholders Mr. Ser. Jefferies There is nothing mentioned in that Statute with relation to the City of London indeed but the necessity of the thing requires it Mr. Att. Gen. It will not be material 't is a collateral point for most of the Jury have Freeholds L. Ch. Just. Do you allow the Exception Mr. Att. Gen. No my Lord. L. Ch. Justice Therefore we must if my Lord stand upon it hear his Counsel My Lord we will hear your Counsel what Counsel do you desire my Lord L. Russel The Counsel that were allotted me L. Ch. Just. No you must have Counsel assigned by us The Counsel that was assigned elsewhere signifies nothing L. Russel Mr. Pollexfen Mr. Holt and Mr. Ward The said persons were called and came into Court L. Ch. Just. To the Counsel Gentlemen my Lord here desires Counsel you are here assigned as Counsel for my Lord Russel that is at the Barr 't is concerning a thing wherein he doubts the Law he would except to the Jury upon this account to the Poll because they have not Freehold within the City of London and he desires you may be assigned his Counsel to make it out that this is a cause of Challenge Mr. Att. Gen. 'T is a Case of Treason Mr. Pollexfen Mr. Ward We take it so Mr. Pollexfen My Lord Perhaps if we had more consideration of it we should speak more but if your Lordship pleases to hear us what we can say first we take it with submission at Common Law a Freehold was necessary to make a man Juryman But that which falls out in this case is the Statute of 2 H. 5. c. 3. which Statute I suppose is here in Court That Statute says this if you please I will quote the substance of it That none shall be admitted to pass upon any Inquest upon the Tryal of the death of a man except he have Lands and Tenements of the yearly value of 40 s. Now we are here I think within the words of the Statute and I take it to be no Question at all were we not in a City and County I think this would be no question upon any Tryal in any County at large The Statute does not make any exception or distinguishment between Cities and Counties at large but the words are general as I have opened them My Lord the Statute does also provide in cases of Freehold or 40 Marks Now my Lord to prove this Statute extends to London tho a City and County there are other
longer with opening the matter but beg the favour of the Court that we may acquaint you a little with the method we intend to follow in calling our Evidence for the King against the Prisoner at the Bar. In the first place my Lord we will call our Witnesses to give your Lordship and the Jury satisfaction That there was a design in general and that that design was first intended to be a general Rising over all the Kingdom in which design the Prisoner at the Barr had a very consideraâ—â— share and was looked upon to be a very proper and fit person for the managery of that part of the design For other meetings and at what places Mr. Attorney hath already opened to you We will then come to more particular agreements that were between them in order to the carrying on this admirable good work as it hath been truly stated for the destruction of the best and most merciful of Kings and for the destruction of the best of Religions the Religion of the Church of England I take notice of it because all men may know The most of these persons nay all of them concerned in this hellish Conspiracy were Dissenters from the Church of England And the better to effect this horrid villany I am sure I want words and so does any man else to express the baseness of these crimes the better to effect this thing the way it was to be done was by taking off the King and by taking off his Brother too At length after several debates and some proposals made between these persons they came to a determination and an actual resolution To take off the King and his Royal Brother My Lord we will prove generally that this was the intent of the design or the Plot in general My Lord we will then give you an account That they entred into several consultations for a new model and frame of Government for they intended to set up the people and they had even fixt a certain superiority and resolved as all people of their principles have a mind according to their several inclinations to fix the power in the people Gentlemen an old Tenent that brought the Kings Father to that untimely and horrid end by fixing the power in the people These Gentlemen had a mind to insinuate and ingage the people by fixing the power in them and saying that publick Proclamations were to be made And after this horrid and barbarous murder intended upon the King and the Duke there were Declarations to be made in the names of such and such Lords and the Associating Members of the last House of Commons these were the persons thought fit in whose hands the power of the whole Kingdom should be lodged Gentlemen after we have given you an account of the several meetings then we will come to the Prisoner at the Bar and prove against him That he had not only an hand in the first part of the plot about the rising but he was also to be one of those villains that were to murder the King I cannot express my self in more moderate Terms and I am sure no man can blame me that hears the proof Gentlemen when we have thus given you this Evidence I hope we shall satisfie the Court and all mankind That persons that have been thus guilty under pretence of Religion or under any other pretence whatsoever are fit objects of the severity of humane Laws If we prove against the Prisoner at the Bar That he had an hand in this horrid Conspiracy I make no doubt but you will shew your selves to be Englishmen loyal men and overtake all men that thirst after the Kings blood Mr. Sol. Gen. Gentlemen we will call our Witnesses and as no man can doubt but the murder of the King that vile design would have been seconded by a power to back that horrid villany so we shall shew you That this Gentleman was concerned in both parts in the immediate assassination of the King and the raising of Arms. We need not go about to give you an history of the thing any other way than in applying it to this person for there is no part of this Conspiracy he can clear himself from and all the evidence that speak of this design speak of this man as a chief Actor in it M. Att. Gen. Call Col. Rumsey who was sworn Mr. Sol. Gen. Col. Rumsey Pray give my Lord and the Jury an account what you know of the Prisoner at the Bar whether he were concerned either in relation to the murder of the King or the raising Arms. L. C. J. Mr. Rumsey raise your voice so audibly that you may be heard Col. Rumsey The first meeting I had with this Gentleman was at Mr. West's Chamber Mr. Att. Gen. Before you begin to tell of your meeting give an account of any rising that you have heard of Col. Rumsey Sir about the latter end of October or the beginning of November I was with my Lord Shaftsbury late at Night and he told me That the Duke of Monmouth my Lord Russel my Lord Grey and Sir Thomas Armstrong were at one Mr. Shepherd's house near Lumbard street He desired me to go to know what they had done about the raising Arms at Taunton I did go and Mr. Shepherd carried me up to them and they told me That Mr. Trenchard had failed them about the men and they could proceed no farther at that time L. C. J. What Shepherd was this Coll. Rumsey Mr. Shepherd the Merchant near Lumbard-street one Mr. Thomas Shepherd And so I came to my Lord the next day and told him of it and then he made his preparation to be gone for Holland L. C. J. What discourse had you with my Lord Shaftsbury thereupon What did he say What made you believe he made preparation to be gone Col. Rumsey My Lord he said there was no dependance upon those Gentlemen that met and he would leave England After that a Fortnight or three Weeks there was a meeting one day at Mr. West's Chamber and there was Mr. West and Mr. Goodenough and Mr. Wade and some body else there was but I cannot remember his Name Captain Walcot was in Holland then There it was proposed nothing was to be done by a general Rising but there was no surer way than to take off the King and the Duke and that to that intent and purpose they could not carry it on without Mr. Ferguson and so he was writ for into Holland and he came out of Holland upon that Letter and Captain Walcot with him After Mr. Ferguson's coming back from Holland there was very suddenly a meeting again and then it was concluded that nothing was to be effected without taking off the K. and D. or to that purpose Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain Walcot was there to find out men and they could not find out a number of men without which Mr. Rumbold would not
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
Lord we can grant you nothing till you have pleaded Therefore that which is put to you now is Whether you say you are Guilty or not Guilty L. Russel My Lord I 'am not Guilty Cl. of Cr. Culprit How wilt thou be tryed L. Russel By God and my Countrey Cl. of Cr God send thee a good deliverance L. Russel My Lord I thought a Prisoner had never been arraigned and tryed at the same time I have been a close Prisoner L. Ch. J. For Crimes of this Nature My Lord we do it continually L. Russel It is hard My Lord. Mr. Att. Gen. My Lord hath no reason to complain for want of notice for since Monday seven-night he had notice of his Trial and the matters alleged against him he had notice of for Questions were put to him about this Matter he hath been fairly dealt with he hath had the liberty of Counsel to advise him there hath been no sort of Liberty denyed him which becomes any Subject to have in this Condition L. Ch. J. My Lord I do not know whether you hear Mr. Attourney He says your Lordship hath had a great deal of Favour shown you already in that you have been acquainted with the Crimes for which you are now indicted that you have had a great deal of warning given you that you have had the Liberty of Counsel which hath not been known granted to any under your Lordships Circumstances He says he doubts not but your Lordship is prepared for your Defence because you have had so much knowledg and warning of the Time and Matter for which you were to be called in question L. Russel My Lord I am much to seek I only heard some general Questions and I have Witnesses that I believe are not yet in Town nor will be I believe till Night I think it very hard I can't have one day more Mr. Attorn Gen. Munday seven-night your Lordship had notice L. Russel I did not know the matter I was charged with Mr. Attorn Gen. Yes certainly for I was with you my self my Lord and those Questions you were examined upon were a Favour to you that you might know what the matter was you were accused of L. Ch. J. My Lord without the King's Consent we can't put off the Trial if the King's Council think not fit to put it off we can't grant your Lordship's Request in this Case L. Russel I would desire a Copy of the Pannel of the Jury that I might consider of it for how else can I make any just Challenge I thought the Law had been very favourable to Men upon their Lives and therefore it had allowed People to have some little notice L. Ch. J. Hath not your Lordship had a Copy of the Pannel I think your Lordship was allowed one We gave Order your Lordship should have a Copy of the Pannel Mr. Att. G. We did indulge him so far that he might have a Note of all the Men returned L. Russel I never had a Copy of the Pannel L. Ch. J. It was the Fault of your Lordship's Servants then for I gave Order for it my self 'T is such a Favour that in regard a Man's Life lies at stake we never did deny it to my Knowledg And therefore in this Case I gave order to the Secondary to deliver a Copy I know the King did not design to be hard upon my Lord in his Tryal but that he should have as fair a Tryal as ever any Noble Person had L. Russel I pray I may have a Copy then Sir G. Jeff. If my Lord had sent his Agents and it had been refused there had been something in it Mr. Att. Gen. Secondary Normansel was with me and I gave him my Allowance tho it was not his Right L. Ch. Just. That my Lord may not be surprized what think you of giving my Lord time till the Afternoon and try some of the rest in the mean time Mr. Att. Gen. Truly my Lord if I could imagine it were possible for my Lord to have any Witnesses I should not be against it L. Russel 'T is very hard Mr. Att. Gen. Do not say so the King does not deal hardly with you but I am afraid it will appear you would have dealt more hardly with the King You would not have given the King an hours notice for saving his Life Secondary Trotman I gave my Brother Normansell a Copy of the Pannel on my side and hear that my Brother Normansell hath said that he delivered a Copy Then Secondary Normansell was sent for and the Court staied for him some time Mr. Atwood My Lord a Gentleman told me he did not know whether it was fit till he had consulted the Attorny General afterwards I had a Copy as it stood then not as it is now Mr. Attor Gen. I desire my Lord may be asked who he sent for it Lord Russel I did not send for it I inquired and they said it would be refused Mr. Attwood No the Gentleman had it with the fair Perriwig L. Ch. Just. It was delivered to your Servant or Agent what did you do with it L. Russel's Gent. Sir the Gentleman gave me out of a Book some Names Sir Geo. Jeff. What did you do with them L. Russel's Gent. I writ them down they were not perfect I did not know what they were L. Ch. Just. Sir you were to blame not to deliver it to my Lord. L. Russel's Gent. I was not bound to deliver an imperfect thing to my Lord. L. Ch. Just. Sir you should have consulted your Lords advantage so as to have delivered any thing for his good L. Russel's Gent. My Lord was in the Tower I was not admitted to my Lord. Mr. Attor Gen. Did you give it to my Lady L. Russel's Gent. Yes those Names I had my Lady had Sir Geo. Jeff. How long ago was it Mr. Attwood Tuesday or Wednesday last L. Ch. Just. To Lord Russel ' s Servant Look you Sir when had you this L. Russel I had no Pannel I will assure you delivered me I had some Names of People that they said were usually on Juries L. Ch. Just. They were the Names of the Jury L. Russel They were only the Names of them that were like to be of the Jury no other Pannel came to me L. Ch. J. My Lord there can be no other Copy given but the same that was delivered for your Lordship does know in this case any Person accused as your Lordship is may challenge 35 and therefore there is a Return generally of 3 score or 4 score and these are returned in case of your Lordships challenge When you have challenged so many as you please then the 12 men that stand after your challenge are to be of the Jury And therefore this is not like a Pannel made up by the Sheriff in ordinary Causes between Man and Man there they make a formal Pannel from which they cannot depart when that is once returned but herein Criminal Cases because of
Trenchard they depended upon for Taunton had failed them who when he came up to Town first at the Term had assured them that in three or four Hours time he could have One Thousand Foot and Three Hundred Horse But now it came to be tryed he Answered it was not possible for him to undertake it for People would not rush into it of a sudden but have some time to prepare for their Families Mr. Att. Gen. Was it pretended there should be a Rising at that time Col. Romsey Yes the 19 th of November was appointed for the Rising L. Ch. Just. Was it before that time you went to press them from my Lord Shaftesbury Col. Romsey Yes I think it was a matter of a Fortnight before or something more For I think it was concluded Sunday fortnight after my L. Gray met Mr. Attor Gen. But you say besides what you heard there you understood there was to be a Rising at that time Was you to be engaged in this Col. Romsey Yes I was L. Ch. Just. You must speak so that what you deliver may be sensible for if you speak I apprehend so and so that will be doubtfull Col. Romsey No my Lord The Rising was determined and I was to have gone to Bristol Mr. Attor Gen. In what capacity as Colonel or Captain Col. Romsey There was no Determination of that no Quality L. C. Just. By whose Appointment was that Col. Romsey My L. Shaftsbury spake that to me Sir Geo. Jeff. But pray Col. Romsey this you are very able to know what the Debates were and need not be pumped with so many Questions Pray was there any Debate when you came with the Message from my L. Shaftsburyes was there a Debate about the Rising Col. Romsey There was no debate of it because they made answer Mr. Trenchard had failed them Sir Geo. Jeff. But did not they take notice of the Rising Give an account of it Col. Romsey I have done it twice Jury We desire to know the Message from the L. Shaftsbury L. Ch. Just. Direct your self to the Court Some of the Gent. have not heard it they desire you would with a little more loud Voice repeat the Message you were sent of from my L. Shaftsbury Col. Romsey I was sent by my Lord to know the Resolution of the Rising in Taunton they answered Mr. Trenchard whom they depended upon for the men had failed them and that it must fall at that time and my Lord must be contented Mr. Attor Gen. Was the Prisoner at the Barr present at that Debate Col. Romsey Yes Sir Geo. Jeff. Did you find him Averse to it or Agreeing to it Col. Romsey Agreeing to it Baron Street What said my Lord Shaftsbury Col. Romsey Upon my return he said he would be gone and accordingly did go Sir Geo. Jeff. If my L. Russell pleases to ask him any Questions he may L. Russel Must I ask him now L. Ch. Just. Yes my Lord propose your Questions to me L. Russel I have very few Questions to ask him for I know little of the matter for it was the greatest accident in the World I was there and when I saw that Company was there I would have been gone again I came there accidentally to speak with Mr. Sheppard I was just come to Town but there was no discourse of Surprizing the Guards nor no undertaking of Raising an Army L. Ch. Just. We will hear you to any thing by and by but that which we now desire of your Lordship is as the Witnesses come to know if you would have any particular Questions asked of them L. Russel I desire to know if I gave any Answer to any message about the Rising I was up and down I do not know what they might say when I was in the Room I was tasting of VVine L. Ch. Just. Did you observe that my L. Russel said any thing there and what Col. Romsey Yes my L. Russel did speak L. Ch. Just. About what Col. Romsey About the Rising of Taunton L. Russel It was Sir Tho. Armstrong that conversed with Mr. Trenchard L. Ch. Just. What did you observe my L. Russel to say Col. Romsey My L. Russel did discourse of the Rising L. Russel How should I discourse of the Rising at Taunton that knew not the Place nor had knowledg of Trenchard Mr. Attor Gen. Now my Lord we will give you an accompt that my L. Russel appointed this place and came in the dark without his Coach L. Russel My Lord I think the Witness was asked if I gave my Consent L. Ch. Just. What say you did my Lord give any Consent to the Rising Col. Romsey Yes my Lord he did Mr. Attor Gen. Pray Swear Mr. Sheppard which was done Pray will you speak aloud and give an account to my Lord and the Jury of the Meetings at your House and what was done Mr. Sheppard In the month of October last as I remember Mr. Ferguson came to me in the Duke of Monmouth's name and desired the conveniency of my house for him and some other Persons of Quality to meet there And as soon as I had granted it in the evening the Duke of Monmouth my Lord Gray my Lord Russel Sr. Thomas Armstrong Col. Romsey and Mr. Ferguson came Sr. Thomas Armstrong desired me that none of my Servants might come up but they might be private so what they wanted I went down for a Bottle of wine or so The substance of their discourse was how to surprize the Kings Guards And in order to that the Duke of Monmouth my Lord Gray and Sr. Tho. Armstrong as I remember went one night to the Mews or thereabout to see the Kings Guards And the next time they came to my house I heard Sir Tho. Armstrong say the Guards were very remiss in their places and not like Souldiers and the thing was feasible if they had strength to do it Mr. Att. Gen. How many Meetings had you there Mr. Sheppard I remember but twice Sir Mr. Att. Gen. Did they meet by Chance or had you notice they would be there that night Mr. Sheppard Yes I did hear it before Mr. Sol. Gen. Who had you notice would be there Mr. Sheppard The Duke of Monmouth my Lord Gray my Lord Russel Sir Tho. Armstrong Col. Romsey and Mr. Ferguson Mr. Att. Gen. Did they come with their Coaches or a foot in the night time and in the dark Mr. Sheppard I cannot tell it was in the Evening I did not let them in Mr. Att. Gen. Was there any Coaches at the door Mr. Sheppard None that I heard or saw they came not altogether but immediately one after another Sir Geo. Jeff. Had they any debate before they went into the Room Mr. Sheppard No they went readily into the Room Sir Geo. Jeff. Was my Lord Russel both times there Mr. Sheppard Yes Sir as I remember Sir Geo. Jeff. Had you any particular business with my Lord Russel or he with you Mr. Sheppard No not at
that time but since I have had about the Affairs of my Lord Shaftsbury Sir Geo. Jeff. Do you remember Col. Romsey at the first time had any discourse about any private business relating to my Lord Russel Col. Romsey No I do not remember it Mr. Att. Gen. Besides the seizing of the Guards did they discourse about Riseing Mr. Sheppard I do not remember any further discourse for I went several times down to fetch Wine and Sugar and Nutmeg and I do not know what was said in my absence Sir Geo. Jeff. Do you remember any Writings or Papers read at that time Mr. Sheppard None that I saw Sir Geo. Jeff. Or that you heard of Mr. Sheppard Yes now I recollect my self I do remember one Paper was read Sir Geo. Jeff. To what purpose was it Mr. Sheppard It was somewhat in the nature of a Declaration it was read by Mr. Ferguson who was present at the reading I cannot say whether they were All present or not The purport of it was setting forth the Greivances of the Nation but truly what Particulars I can't tell It was a pritty large Paper Mr. Att. Gen. But you can tell the Effect of it When was that to be set out Mr. Sheppard It was not discoursed it was shewn only I suppose for Approbation Mr. Att. Gen. Who was it shew'd to Mr. Sheppard Sir Tho. Armstrong Sir Geo. Jeff. Who else Mr. Sheppard As I remember the Duke was present and I think Col. Romsey Col. Romsey No I was not it was done before I came Sir Geo. Jeff. What was the designe of that Paper Recollect your self what was the design Mr. Sheppard The design of that Paper was in the nature of a Declaration setting forth the Greivances of the Nation in order to a Riseing I suppose by the purport of the Paper but cannot remember the particular Words of it Foreman of the Jury Can you say my Lord Russâ—l was there when that Declaration was read as you call it Mr. Sheppard I can't say that Mr. Att. Gen. But he was there when they talked of Seizing the Guards Mr. Sheppard Yes my Lord was there then L. Russel Pray Mr. Sheppard do you remember the time where these meetings were Mr. Sheppard I can't be positive as to the Time I remember it was at the time my L. Shaftsbury was absent from his own House and he absented himself from his own House about Michaelmas day but I can't be positive as to the Time L. Russel I never was but once at your house and there was no such design as I heard of I desire that Mr. Sheppard may recollect himself Mr. Sheppard Indeed my Lord I can't be positive in the times My Lord I am sure was as one meeting L. Ch. Just. But was he at Both Mr. Sheppard I think so But it was 8 or 9 Months ago and I can't be positive L. Russel I can prove I was then in the Country Col. Romsey said there was but One meeting Col. Romsey I do not remember I was at two if I was not I heard Mr. Ferguson relate the Debates of the other meeting to my Lord Shaftsbury L. Russel Is it usual for the Witnesses to hear one another L. Ch. Just. I think your Lordship need not concern your self about that for I see the Witnesses are brought in one after another L. Russel There was no design Sir Geo. Jeff. He hath sworn it Mr. Att. Gen. Swear my Lord Howard which was done Pray will your Lordship give an account to the Court what you know of a Rising designed before my Lord Shaftsbury went away and afterwards how it was continued on L. Howard My Lord I appear with some confusion Let no man wonder that it is troublesome to me My Lord as to the Question Mr. Attorney puts to me this is the Accompt I have to give 'T is very well known to every one how great a ferment was made in the City upon occasion of the long dispute about the Election of Sheriffs And this soon produced a greater freedom and liberty of Speech one with another than perhaps had been used formerly tho'not without some previous preparations and dispositions made to the same thing Upon this occasion among others I was acquainted with Captain Walcot a person that had been some Months in England being returned out of Ireland and who indeed I had not seen for 11 Years before But he came to me assoon as he came out of Ireland and when these unhappy divisions came he made very frequent applications to me and tho' he was unknown himself yet being brought by me he soon gained a confidence with my Lord Shaftsbury and from him derived it to others when this unhappy rent and division of mind was he having before got himself acquainted with many Persons of the City had entred into such Counsels with them as afterwards had the Effect which in the ensuing Narrative I shall relate to your Lordship He came to me and told me that they were now sensible all they had was going that this Force put upon them L. Ch. Just. Pray my Lord raise your voice Else your evidence will pass for nothing One of the Jury We cannot hear my Lord. L. Howard There is an unhappy accident happened that hath sunk my voice I was but just now acquainted with the fate of my Lord of Essex My Lord I say He came to me and did acquaint me that the People were now so sensible that all their Interest was going by that violence offered to the City in their Elections that they were resolved to take some course to put a stop to it if it were possible He told me there were several Consults and Meetings of Persons about it and several Persons had begun to put themselves into a disposition and preparation to Act That some had furnished themselves with very good Horses and kept them in the most secret and blind Stables they could That divers had intended it and for his own part he was resolved to imbark himself in it And having an Estate in Ireland he thought to dispatch his Son thither for he had a good real Estate and a great Stock how he disposed of his Real estate I know not But he ordered his Son to turn his Stock into mony to furnish him for the occasion This I take to be about August His Son was sent away Soon after this the Son not being yet returned and I having several accompts from him wherein I found the Fermentation grew higher and higher and every day a nearer approach to Action I told him I had a necessity to go into Essex to attend the concernes of my own Estate but told him how he might by another name convey Letters to me and gave him a little Cant by which he might blind and disguise the Matter he wrote about when I was in the Country I receiv'd two or three Letters from him that gave me an Account in that disguised stile but such as I understood
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
untrue thing for you Rouse My Lord I only beg a little time I don't design to make any evasion That I am innocent I thank God I am L. C. J. We can't give you any further time unless the King pleases we are bound to Try those he brings before us Sir G. Jeff. Because Captain Blage does desire not to be joyned to the other we that are for the King are contented that Rouse be Tryed first Then Captain Blage was taken away and after several Persons challenged by Rouse the Iury that were Sworn were Robert Beddingfeild John Pelling William Windbury Theophilus Man John Short Senior Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe Cl. of Cr. John Rouse Hold up thy hand You of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted Prout antea in the Indictment Mutatis Mutandis upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal put himself upon his Country which Country you are your Charge is to inquire c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in conspiring the Death of the King and in order thereunto consulting how to-seize the Tower and in providing of Arms in order to destroy the King and subvert the Government if we prove it upon him you are to find him Guilty Sir G. Jeff. The Prisoner at the Bar was as you have been acquainted in that horrid conspiracy whereof several of the Conspirators have been brought to Tryal and received a Verdict surely according to Evidence The Prisoner at the Bar did bear a proportion among the rest It does occur to your memorys There were several undertakers that undertook several stations some whereof were to undertake the blackest part of this horrid Villany by the taking off the King and his R. Highness his Brother others in order to the same design were to seize upon the King's Guards and so to deprive him of all manner of defence whatsoever and to prevent all persons to make any defence against them as you heard there was another part to be acted therefore the Town was to be divided into several Divisions I think there was Twenty but the most numerous and beneficial parts were thought to be about Wapping A particular part of the Evidence was that the Tower was to be seized and the Kings Arms there I know you observed that they took notice of a particular place of the Tower that was most capable of access This Rouse is a Gentleman very well known 't is not the first time he hath been at this Barr He was here at a time when the common justice of the Nation could not be obtained in this place in so much that the Judges who came to execute Justice had more reason to fear being executed upon the Bench than the Prisoner at the Bar. It may easily appear how far Mr. Rouse was concerned I don't love to aggravate matters he has crimes enough he was reckoned Pay master to this rabble he was to take care to manage those persons that were to seize upon the Tower He is a man of great skill in that subject a Doctrine wherein he was well tutoâ—ed under a Lord you heard mentioned this morning but he is in his grave and so I shall say no more of him We shall give you an account of a design he had how to compass this business Black heath was looked upon as a convenient place where there was to be a Golden Ball for which the Sea-men were to play in great numbers and he that won the prize was to have the Golden Ball but his eye was upon the Tower all this while He thought to allure these silly Sea-men by the advantage of the honourable winning of this Ball and when they were fraighted with the success of this meeting then it was proper to attack the Tower We shall prove the other Prisoner that was at the Barr ingaged with this Prisoner at the Barr. We shall not only prove this but that Mr. Rouse hath been always of an inclination against the Government We shall call you Witnesses that he hath undertaken to dispute by what Authority the King comes to govern into England that he hath said he had forfeited his Government that he told an ordinary Miscreant one of his Levellers that he had as much right to the Crown as he had My Lord if we prove this matter to your Lordship and the Gentlemen of the Jury it will be high time for us to endeavour to preserve the Crown upon that Royal Head upon which all Loyal men desire it should flourish as long as the Sun and Moon indure Mr. Burton Call Thomas Leigh Who was Sworn Mr. Jones Pray give us an account what you know concerning Mr. Rouse Mr. North. Of any design against the King and providing Arms. Rouse If it please you my Lord one word before he speaks I have an exception against him I wonder with what confidence you can look in my face at this time Kings Counsell Nay nay speak to the Court. Rouse My Lord he is a person that before he was taken up was swore by two persons to have a hand in the Plot one was Mr. Keeling the other Mr. How of Old street and then being taken up and conscious to himself that he was Guilty of such notorious crimes and knowing I was pretty well acquainted with him he was deadly afraid I should come and Swear against him and thereupon he took the boldness to swear against me first Mr. North. My Lord he hath offered nothing of Objection Rouse I suppose with submission to the Court without he have his Pardon he is no Evidence in this case Sir G. Jeff. Come tell us all you know Mr. Leigh If it please you my Lord I have been concerned in this Conspiracy I know something of it but I believe Mr. Rouse knows a great deal more Mr. Rouse takes me to the Kings head Tavern in Swithins-Alley where after some time Mr. Goodenough came where there was a Clubb of men that was in the Conspiracy I had seen Mr. Goodenough before he acquainted me that there was an apprehension our Rights and Priviledges were Invaded and it was time to look to our selves for Popery was designed and Arbitrary power and therefore he desired to know whether I would ingage in that affair to prevent it and withall he told me the City of London and Middlesex was divided in Twenty-parts and he asked me to ingage in one part I told him my acquaintance did not ly where I lived but I would get a part where my acquaintance was I acquainted Mr. Rouse and Mr. Goodenough what men I had spoke to Mr. Goodenough told me the design was to set up the Duke of Monmouth and kill the King and the Duke of York but that all Parties must not know of it
But that we must tell some people there was like to be a Foraign Invasion and ask them what readiness they were in and if we found they were like to be compliant in that then we might discourse with them about the other matter I discoursed with several men about this affair and he told me the Lord Mayor and Aldermen were to be killed immediately especially the present Lord Mayor Sir Iohn Moor and their houses plundred and there would be Riches enough and that would help to maintain the Army and we went on further in this discourse Then I acquainted Mr. Rouse with this business but he knew of it before and he did tell me he could provide Arms for an Hundred men and said nothing was to be done unless the King was seized saying we remember since Forty One the King went and set up his standard Therefore says he we will seize them that they shall not set up their Standard But says he I am for seizing them but not for shedding their blood Mr. Rouse went off with that discourse says he I must speak with Mr. Goodenough and some of those that are principally concerned Mr. Rouse acquainted me that it was a very convenient thing to have a Ball played upon Black-Heath and to that end we must speak to some Sea Captains and says he I will ingage Ten and they shall manage that affair and he that wins the Ball take it But when they have so done every Captain shall take his Party and tell them they have other work and then go with long Boats and Arms and seize the Tower I acquainted Mr. Goodenough with this and Mr. Goodenough asked me the charge of the Golden Ball Mr. Rouse had told me it would be Ten or a Dozen Pounds Mr. Goodenough said if it was Forty Pound he would be at the charge of it all Several such discourses Mr. Rouse hath in my hearing spoke to several men at the Kings-Head Tavern I understood I was Sworn against I heard of it at the Kings Head Tavern in his Company and Mr. Goodenough's Mr. Rouse directed me to go to the Sun Tavern near Moorgate and he would come to me and there Mr. Rouse and Mr. Goodenough came to me and Mr. Rouse told me I should ly at his house Mr. Rouse cut off my hair and went to Mr. Bateman's and fetched me a Perriwigg Mr. Rouse and I went several times to view the Tower and took Mate Lee along with us So Mate Lee directed us to Traitors-Bridge and he said that was an easy place and he would undertake to do it with an Hundred men so they had but hand Granadoes We had some time before that appointed to meet at Wapping to speak with the Sea-Captains Mr. Rouse met the first day in order to this business at the Amsterdam Coffee house and there Mr. Rouse met with two Sea-Captains as he told me that were to officiate in this business and the Two Captains he took to the Angel and Crown in Threadneedle-street A small time after about an hour and a half or thereabouts Mr. Rouse came I am not positive whether Mr. Goodenough were there or no and told me he had spoke to both the Sea-Captains and they were willing but one was going to New Iersy and therefore the work must be done before he went or he could not assist another time he appointed Mate Lee to meet at the Anchor in Wapping I did speak to Mr. Goodenough but he did not meet us so that we could not go down that day but Mr. Rouse always undertook that business to get Ten Sea-Captains and get Armes for an Hundred men After I was Sworn against and went to Mr. Rouse's house the next day Mr. Nelthrop and Mr. Goodenough came to me to Mr. Rouse's says Mr. Rouse be not discouraged let the business go on I was directed by Mr. Nelthrop and Mr. Goodenough when ever I was taken into Custody I should deny all and it could not touch my life I thank him for his kindness I lay well and eat well at his house my Lord but however I will tell the truth We met afterwards several times and went to Captain Blage's and the rest of the Company but at different places We had an accompt that Mr. Goodenough was in the North raising men and that the Duke of Monmouth was thereabouts and that a deliverance should be wrought for all this L. C. J. About what time was this Mr. Leigh In last June The design was so laid that I was told it was to be done in a Fortnight They never agreed on a way or method of killing the King but they told me they had a Thousand Horse ready in the Country and that there was Five Hundred Horse or thereabouts ready in the Town and that the King should be killed coming from Windsor Now they were contriving how to send Arms that they might not be suspected to some private place they were to be sent in Trunks to some private house and there they were to Arm themselves in the Night and some brisk men were to go to Windsor to know when the King came and give Information and so they were to set upon him in some convenient plaâ—e and bâ—â—â— were to be taken off together the King and the Duke and Mr. Rouse said take them off and then no man can have Commission to fight for them Sir G. Jeff. He is a Polititian every inch of him Mr. Jones What did he imploy you to do Mr. Leigh I was imployed by Mr. Goodenough to make all the friends I could in this Ingagement I went into Spittle-fields and ingaged some Weavers and other people They promised me a gratuity but I never had any thing Sir G. Jeff. If Mr. Rouse has a mind to ask him any questions Rouse I will my Lord. L. C. J. Propose your questions to the Court. Rouse I ask him by the Oath he has taken whether ever I spake with him of any design against the King and Government I ask you whether you did not begin with me L. C. J. You hear his question answer it Mr. Leigh For that I answer that Mr. Rouse was the first man that ever I heard propose that the King and the Duke should be secured and there is another thing come in my mind Mr. Rouse hath been a Traveller he did presume to say and has said to me and in Company that the King was Sworn in France and Spain to bring in Popery and Arbitrary power in so many years and therefore it was no sin to take him off and he told me he had it under his own hand Rouse It was impossible my Lord. Sir G. Jeff. I do beleive it I do not believe he thought thee fit to be a Secretary L. C. J. Look you if you would have any thing asked him propose it to me Rouse What place was it I began to speak of any thing of this design Mr. Leigh The Kings-head Rouse Who was with us
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
Papists as a branch of the Popish Plot. He also told me there was one drawing a Declaration which would relieve poor people of that which seemed most burthensome to them which was the Chimney-money and then the Common People would fall in with them more readily Mr. Att. Gen. How came you to discover it Mr. Keeling I will tell you Sir I was troubled in my mind about it and do declare that was the only Reason I thought I did very ill in not discovering it and I had no peace nor satisfaction nor content nor did I mind my business nor could I take that rest that at other times I did and that was the moving Cause and no other I thought if it were a Sin in David to cut off the Hem of Saul's Garment it was a Sin in me much more to kill my King L. C. J. Was there any Post in this Case assign'd to you Was it requir'd of you to do any thing your self more than to raise those Men and know whether they were in a readiness Were you design'd to go down to Rumbold's House Tell what part you were to act Mr. Keeling In the first place I was to raise some men but I thought they looked upon me for one to go down my self with those men I raised but I remember not that I was asked the question L. C. J. Were any of those men to go down Mr. Keeling Those three I named were to go down Burton Thompson and Barber Mr. Att. Gen. Call Mr. Bourne L. C. J Tell us the manner of your revealing and discovering this who you discovered it to Mr. Keeling I revealed it to one Mr. Peckham I. C. J. Who did he bring you to Mr. Keeling To my Lord Dartmouth L. C. J. And so you did discover the whole business to him Mr. Keeling I had offered to discover it to another man before but I thought he was careless so I did not tell him positively what I thought to tell him because I saw he slighted the matter he was a Minister of the Church of England Then I went to Mr. Peckham knowing he was intimate at Court and from thence to my Lord Dartmouth and then I was carried to Mr. Secretary Ienkins Mr. Att. Gen. Was there no Design to take off the Mayor or the Sheriffs in particular Mr. Keeling I will tell you Goodenough did tell me That the Design was to secure the Lord Mayor and the Sheriffs and he told me they had a design to secure the Tower Mr. Att. Gen. Were you employed to arrest my Lord Mayor Mr. Keeling I did arrest my Lord Mayor L. C. J. What are you How came you to arrest my Lord Mayor What are you by Profession Mr. Keeling A White Salter or Oyl-man L. C. J. How came you to arrest my Lord Mayor Mr. Keeling I was put upon it by Goodenough and those men L. C. J. As a special Baily Mr. Att. Gen. He was as a special Bailiss Mr. Keeling Under the Coroner Mr. S. Jeffreys A special Bailiss under a special Coroner Mr. Bar. Street Was this Coroner any time at any of your Meetings Mr. Keeling No my Lord. Mr. Bar. Street I am glad he was not L. C. J. What say you Capt. Walcott Capt. Walcott My Lord I have nothing to say Mr. Sol. Gen. Call Zachary Bourne Who was sworn Mr. Att. Gen. Pray will you recollect your self and tell what knowledge you have of the Prisoner what Meetings you had and what was agreed L. C. J. Raise your voice a little Mr. Bourn The occasion of my knowing Captain Walcott was Mr. Fergusons lodging at my house Captain Walcott used to come thither but it was sometime before I changed any words with him Mr. Att. Gen. Speak aloud Mr. Bourne Mr. Bourne Mr. Wade came presently after I came to Town from the Wells and said I must needs meet in such a place it was at the Dragon upon Snow-Hill where we met several others besides Captain Walcott the business was a design to raise men and divide the City into twenty Divisions in order to the securing of his Majesty and the Duke of York and setting up the Duke of Monmouth L. C. J. Was it securing or killing Mr. Bourne It was not killing I think we never expressed it killing at those meetings I think every time I met them Captain Walcott was there Once I was at the Salutation in Lombard-Street L. C. J. What was the result of your meetings Mr. Bourne To make all expedition imaginable L. C. J. Was it discourst how or in what manner those persons were to be raised Don't refer your self to the Evidence that went before but tell it your self Mr. Bourne The City was to be divided into twenty Divisions and to raise as many men could out of them but they were not to tell the direct business but if there should be occasion or the Papists should rise they might know their strength and what they were able to do Mr. Att. Gen. This was their pretence because it should not be told those men L. C. J. Did Mr Goodenough bring any account of it Mr. Bourne Mr. Goodenough brought an account of about four thousand three I think it was or very near out of those Divisions he had an account of L. C. J. Was Captain Walcott there at that time Mr. Bourne Yes Mr. S. Jeffreys When the Discourse was about securing the King and the Duke was Captain Walcott there Mr. Bourne Yes L. C. J. Did you hear what Parties were design'd to be in this act Mr. Bourne They were not come to that L. C. J. Did you break off from them before that Mr. Bourne No â—h Discovery prevented it L. C. J. When was your first meeting about what time Mr. Bourne About ten days before the Discovery was made L. C. J. Was Mr. West at any of your Consults Mr. Bourne Yes at some of them and Captain Walcott was at three of them if not at all I think L. C. J. What was to be done Mr. Bourne They were to have seized my Lord Mayor and the two Sheriffs and some of the Aldermen and the chief Ministers of State about Town Mr. Bar. Street Was there any body designed for that particular business Mr. Bourne No not then it was not come to that Mr. Att. Gen. Was there any thing about my Lord Keeper Mr. Bourne Yes Mr. West did say to me it should be my business to secure my Lord Keeper I told him I did not care to meddle with any of my neighbours He said he would call him to account with all his heart he would put him in mind of Colledge Mr. Att Gen. Pray were you imployed to speak with any of the Nonconformist Ministers about it Mr. Bourne I would have spoke to two of them and Mr. West was unwilling for he said the Ministers had destroyed all designs ever since Constantines time and he would have nothing to do with them now Mr Att. Gen. When was your
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.
to attaque the Guards It was to be done at Rumbold's House they were to lie there Pardue till the King just came down upon them Mr. S. Jeffreys At the time of the Assassination Mr. West Yes Sir Mr. Att Gen. Where were these Arms to be carried Mr. West To Rumbold's House I did not see it But he said he could keep them all private where no Body could see them till the time of the Execution And that there was a Gate they were to pass through that he could shut upon the Horse-Guards that they should not be able to come in for their Relief Mr. Rumbold said he would bring them off and said he thought it dangerous for them to go the Road-way but he would bring them over the Meadows and come in by Hackney Marsh But the way which the Prisoner did most approve of was That they should retire within his Wall there keep till Night being a Place they could defend against any Force for a days time Mr. Att. Gen. Where was this Resolution taken Mr. West This Resolution was taken at my Chamber My Lord As to the Attempt when they design'd to make it upon the King 's coming from the Play-house one Mr. Row said he had discours'd with one Gibbons that was the Duke of Monmouth's Servant about it and ask'd him If any of their Family knew of it Yes says he they all know of it but they will not be seâ—n in 't and said that he shew'd him the place My Lord in one of the Discourses I had before Mr. Ferguson went for Holland I had a mind to be rid of the thing but I did not know how so I created difficulties and said I suppose the Duke of Monmouth is to get most by it what Security will you have you shall not be hang'd when the thing is done He is bound said I in Honour to hang us all and make Inquisition for this Blood otherwise they will say he is a Party Says he What if I get it under his Hand But said I engage his Servants and that will stick upon him There is one thing I have omitted which was in the first Discourse with Capt. Walcott about the Insurrectiâ—n of November he told me that my Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection and he ask'd me If I would undertake to do one too For says he I would have several People draw it to pick one good one out of all And he told me he had made some Collections towards it and shew'd me a Paper which was a Collection of all the Passages in the Three Kings Reigns K. Iames Charles I. and this Kings that he call'd Attempts to introduce Arbitrary Government and Popery and concluded taxing them with some personal Vices and that the Government was dissolved and they were free to settle another Government These I perceiv'd were the Topicks my Lord Shaftsbury laid weight upon I told him that this did require an exact knowledge of the History of those Times and I would not undertake a thing to which I was not competent and so he desir'd me to burn the Paper which I did But for any other Declaration my Lord Shaftsbury kept his Paper to himself and I never did see it though I desir'd it Mr. S. Jeffreys Can you remember in whose Name the Declaration was to run Mr. West No I do not remember that Mr. Att. Gen. After the Disappointment what Meetings had you Mr. West Sir I will tell you when the News of the Fire came they adjourned to my Chamber and there considered what they should do they were in no readiness nor had any Horses Nay I believe the thing could not have been Effected if the Fire had not happened and I was very glad it could not but for that I am in the Charity of the Court They did endeavour to put things in a posture to see if it could be done another day I think they met on Thursday Night and Friday Night but they said the King would be at home the next day and the thing was laid aside My Lord A day I think or two after I went into the City and went to the Dolphin Tavern where I met with Colonel Rumsey and this Mr. Keeling came in he was there talking of Blunderbusses and Pistols in down-right English I told him it was a foolish thing to talk so before Drawers and that was the occasion of calling them by the Names of Swan-quills Goose quills and Crow-quills After this thing we met the next Week not at my Chamber Col. Rumsey was mistaken in that but at the George and Vulture There was Captain Walcot Mr. Goodenough Mr. Ferguson one Norton and one Ayliff They discours'd of the late Disappointment and that one reason was they had not Arms in readiness Then they agreed That Arms should be bought and the Number was Ten Blunderbusses that should be twenty or two and twenty inches in the Barrel Thirty Carbines eighteen inches And Thirty Cases of Pistols to be Fourteen inches My Lord It was put upon me to provide them for this reason because I was serviceable to them no other way and could have a pretence for buying them because I had a Plantation in America but Mr. Ferguson was to pay the Money My Lord I did bespeak the Arms and paid for them with my own Money and was not paid again a great while Mr. Ferguson disappointed me but at last told me if I would send to Major Wildman he would pay me But he told me before that one Mr. Charlton when he came to Town would pay me but I had none of him So I told him I bought those Arms upon a pretence I intended to use them and had spoke to a Sea-Captain to carry them off to a Plantation where I had a Concern my self After that Mr. Ferguson sent to me to take my Money so I came to him and found with him Mr. Charlton and another Gentleman whom I could not distinguish because it was duskish Mr. Charlton went down and then says Mr. Ferguson I have your Money for you and he paid me in Fourscore and thirteen Guinneys which was something more than the Arms cost and said he had not the Mony above half an hour in his hands by which I did guess it was Mr. Charlton's Money Another thing was at last meeting with Mr. Ferguson he did say There was a Man imployed to see what conveniency there would be for an Assassination between Windsor and Hamptâ—n-Court but that was never reported and so laid aside That is all I can say concerning the Assâ—ssination but I believe they did intend to carry it on for Coll. Rumsâ—y did tell me He saw the Hearts of all the Great Men were upon it and it would be convenient to have an Army to back it But in case this Assassination had gone on these things were to be done It was Design'd the Lord Mayor and the Sheriffs
securely and you did undertake as several Witnesses say not only Mr. West but Col Romsey and another of them Bourne I think it was That you would fight the Gaurds if you might have a considerable number of men Capt. Wal. My Lord If ever I was at Mr. Romballs house unless it was when I travelled from York by Norwich and came to London if ever I was there since then I am Guilty of all the Roguery imaginable Mr. West I never heard my Lord Mr. Romball say he was there but Col. Romsey told me so Col. Roms My Lord he bought an horse and he said he did intend to go down and indeed to the best of my remembrance he did say he was down but I am not certain but he did buy an horse that cost him I think twenty pounds L. C. Just. For that purpose Col. Romsey Yes L. C. Just. Now you hear this is a little more particular than the other Col. Romsey did say before that you did agree to go down and as he believes you did go down Col. Roms I believe Mr. West may remember he bought an horse for that purpose Mr. West I remember he bought an horse for service but I can't say it was to go down thither L. C. Just. It does import you to tell us upon what account you met so often and what was your meaning in hearing these things and consulting of them and what your raising of men was for and the Declaration written for the people to please the people when this Assassination was over Capt. Wal. The Declaration Mr. West saies was in October last Mr. West I take it to be so My Lord to the best of my remembrance there was this passage saies he I believe in a month or three weeks you will be better or worse so that I measure it by that Cap. Wal. My Lord Mr. West does tell your Lordship a very long story and sometimes he names one Gentleman and sometimes another I am very fearful the Iury will be very apt to apply all to me who was the man least concerned for I had the Gout for several weeks together and Mr. West came several times to my own Lodging to see me And for that of Assassinating the King it never entred into my thoughts more or less but here are four Gentlemen who by their own Confession are sufficiently culpable they to wipe off their own stains are resolved to Swear me out of my Life L. C. J. What made you among them Mr West I do take it upon me he was there three or four times Cap. Wal. I did not stir for three weeks or a month I came to Town on Ashwednesday and then fell ill of the Gout and that continued for divers weeks for a months time that the King was at New-Market I am confident I was not out of my Chamber unless I made a shift to scramble to Stepney and dipp'd my foot in every Well of water I came by Mr. West My Lord I do remember this passage The he was afraid he should not be able to draw on his Boot because he had the Gout Cap. Wal. I desire to know my Lord when is the time Mr. West speaks of that I gave an account of killing the King at my Lord Mayors Feast Mr. West I do not charge you positively with it but I had it from you or Mr Ferguson but I must do the Prisoner justice he said he would be no way concerned in it Mr. Att. Gen. Pray Swear Mr. Blaithwaite which was done Mr. Blaithwaite pray tell my Lord and the Iury whether Capt. Walcot owned that to be his hand A Letter being then produced from Captain Walcot to Mr. Secretary Jenkinâ— Mr. Blathwait My Lord I remember when Captain Walcot was Examined before the King he did own this to be his Hand Sir Geo. Jeff. Give it in Cl. of Cr. Honoured Sir Iuly 5 th 83. L. C. J. Who is it directed to Cl. of Cr. There is no Direction Mr. Blathw It was Directed to Mr. S. Jenkins as I find by the Minutes I then took of it L. C. J. Here is the Cover it seems Cl. of the Cr. To the Right Honourable Sir Leoline Jenkins c. Honoured Sir I Being in the Country and to my great trouble seeing my self in his Majesties Proclamation I came last Night to Town resolving to lay my self at his Majesties Feet let him do with me what he pleaseth This it the first Crime I have been Guilty of since His Majestie 's Restauration and too soon by much now If his Majesty thinks my Death will do him more good than my Life God's Will and His be done Vntil I sent your Honour this Letter my Life was in my own power but now it is in the Kings to whom I do most humbly propose That if his Majesty desires it I will Discover to him all that I know relating to England Scotland or Ireland which I suppose may be something more than the Original Discoverer was able to acquaint His Majesty with especially as to Ireland There is not any thing His Majesty shall think fit to ask me but I will answer him the Truth as pertinently and as fully as I can My intimacy with a Scotch Minister through whose Hands much of the Business went I judge occasioned my knowing very much And I do further humbly Propose That â—f His Majesty thinks it advisable I will fâ—llow those Lords and Gentlemen that are fled into Holland as if I fled thither and had made my Escape also and will acquaint the King if I can find it out what Measures they resolve of taking next I do assure His Majesty the Business is laid very broad or I am misinformed And I am sure as to that particular if my being with His Majesty and your Honour be not Discovered I shall be ten times abler to serve him than either Mr. Freeman or Mr. Carr for they will trust neither of them There 's scarce any thing done at Court but is immediately talk'd all the Town over therefore if His Majesty thinks what I have presumed to propose Advisable I do then further most humbly Propose That my waiting upon His Majesty may be some time within Night that your Honour will acquaint me the Time and Place where I may wait upon you in order to it and that it may be within Night also and that no body may be by but his Majesty and your Honour And if His Majesty pleaseth to Pardon my Offences for the Time past he shall find I will approve my self very Loyal for the future if not I Resolve to give His Majesty no further Trouble but to lie at his Mercy let him do with me what he pleaseth I purpose to spend much of this Day in Westminster-Hall at least from Two of the Clock to Four I beg your Pardon I send your Honour-this by a Porter I assure your Honour it was for no other reason but because I would not have a Third
Wal. 'T is clear they have laid their heads together they have contrived to take away my Life to save their own 't is plain enough L. C. J. There is nothing more reasonable nothing more just in the World than to make use of some Traitors to discover and convict the others else would Treason be hatched securely There is no body capable where Treason does not take effect of making an Evidence in such a Case but some of you that are the Conspirators You do not publish it at the Market-Cross And if you could gain but this point that none that are concerned with you in the Conspiracy should be Witnesses it would be the securest thing in the World to hatch Treason For you would be upon this point Either it shall take effect and then 't is too late or if it do not and the Conspirators are not to be believed then I am secure no body in the World can convict me Juror We desire he may be asked what he says to the Letter L. C. J. Well what say you to it You have made proposals you will Discover others and you will give intimation to the King of the measures the rest of the Conspirators were taking in Ireland and other places upon what design did you write that And what induced you to it Cap. Wal. My Lord I have told your Lorship that I have heard a great many discourses relating to that thing and heard it mostly by Mr. Ferguson with whom I had a very great intimacy and I did according to my promise give that accompt of it but if his Majesty would not believe me I can't help it but the King was not pleased with me because I could not descend to particulars And I could not because I never had been in their Company nor knew nothing but what I had once by a private hand I dealt ingenuously and truly with the King and told him what I knew L. C. Just. Pray observe the Contents of your Letter You made this proposal That you being in the Procâ—amation you where one of the fittest men to understand and spell out the measures of the other persons By this it is plain you took your self to have an intimacy and some Intrigue with the other persons that you thought were impeached Your Letter does import that you had such an interest with those persons that they would have communicated their Counsels to you Cap. Walc My Lord I never spake but with Mr. Ferguson who was a man they did much confide in and I knew very well that by my interest in Mr. Ferguson I shou'd have an interest in the rest But truly whether the Duke of Monmouth be there or not I know not I do not know him if I meet him I was never at any Consult never at any of these debates L. C. Just. What did you mean by this That this was your first crime you knew what you was charged with it was for High Treason Capt. Walc My Lord 'T is my first crime My Lord I have heard there was an Insurrection intended I have heard of the persons that were to carry it on I did look upon this as a misprision of Treason but that I ever acted in it or intended it I utterly deny L. C. J. The last Question is Whether you have any Witnesses Cap. Wal. I have only a young man or two if he be here to prove the time that I was ill of the Gout and therefore it is improbable I should be so far concerned L. C. J. I must tell you before-hand that an argument from the Topick of probability will do you but little Service when there is positive Evidence against you This it will import you to make a little Anwser too if you can What you meant by your application to Col. Rumsey desiring Cap. Tracey to speak to him and Mr. West What do you mean by that Cap. Wal. My Lord would not any man in my circumstances desire a man to deal tenderly with him L. C. J. Well is this young man come in Come Sir what have you to say on the behalf of the Prisoner at the Bar Or will you ask him any Questions Cap. Wal. Only about what time I fell ill of the Gout and how long I continued so L. C. J. Do you know about what time he fell ill of the Gout and how long it continued Wit My Lord I can't certainly remember the time but I believe it was about three months I can't tell certainly when it began Cap. Wal. My Lord It is very improbable that when I was not able to put a Shooe on nor wear a Boot I should ingage in so hazardous and desperate an undertaking L. C. J. Have you done Sir Cap. Wal. Yes my Lord. Mr. Sol. Gen. May it please your Lordship Cap. Wal. The Iury will take notice here are four men to save their own Lives Swear me out of mine Mr. S. Gen. May it please your Lordship and you Gentlemen of the Iury The Evidence you have heard has been very long and I observe that Cap. Walcot has complained of it it has been delivered mostly in general terms and is afraid you should not apprehend it aright to see those parts wherein he is concerned but mistake what is said in general to be spoken against him I will therefore do him the justice as to recapitulate that part of the Evidence that does immediately concern himself It has been very full and given by every one of the four Witnesses that have been produced against him besides the Letter under his own hand which is twice as many more The first Witness I shall remind you of is Mr. West tho not produced first yet because his Evidence goes further backward his acquaintance began with him in last Summer Vacation he became soon intimate with him and Cap. Walcot did unbosom himself and tell him that there was a design to make an Insurrection that it was my Lord Shaftsbury's design that he was to be an Officer I think he said a Colonel of Horse he invited Mr. West to partake with him in that design and did propose to him the advantage of a Command in the Army but he not being qualified declined it He tells you further that he did acquaint him there was a design to Assassinate the King and 't is easie enough to be believed if there was one designed the other was too And you see all along the only dispute was whether the Assassination should be first or follow for to raise Arms against the King is directly to Assassinate the King for it cannot end any other way with security to those that raised it He told Mr. West he would not be concerned directly in the Assassination but in the Insurection he would he was perswaded to come in this was last October discoursed with Mr. West they were to rise in November Then Col. Rumsey comes in and he tells you that there was a design to rise in November The
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
that Meeting tell the Jury what Discourse you had for many of these Gentlemen are not the same that were on the Jury yesterday Mr. Keeling It was discoursed then of the King 's coming home from New Market the Saturday after the Fire Mr. West told Mr. Rumbold he heard the King would come home that Day but says he I don't believe it says Rumbold I hear he will come home on says Mr. West I hear so too They said they hoped they would not come home on Monday Says Mr. West to Mr. Rumbold then How many Swan Quills Goose Quills and Crow Quills and how much Sand and Ink must we have I think the Prisoner at the Bar must needs remember it as well as I. It was agreed by Mr. Rumbold I think I am exact in the Number and he was by and heard all the Discourse Mr. Att. Gen. What did they mean by this Mr. Keeling By Swan Quills they meant Blunderbusses by Goose Quills Muskets and by Crow Quills Pistols and by Sand and Ink Powder and Bullet He took Acquaintance with me after that Meeting for I never saw him as I know of before and after some time he told me he was one of them that was to go down to Rye to Assassinate the King And since that at a Coffee-house in Swithin's Alley he told me It would never be well till the Black-Bird and the Gold-Finch were knocked on the Head they being Terms I did not understand I asked him what he meant he said the King and Duke of York Sir Geo. Jeff. You are sure that is the Man Mr. Keeling I am sure that is the Man VVilliam Hone. Sir Geo. Jeff. What is that the Man that talked of the Black-Bird and Gold-Finch Mr. Keeling I am sure that is the Man Mr. Att. Gen. Now swear Mr. West Sir Geo. Jeff. If Mr. Hone has a mind to ask him any Questions he may Hone. My Lord this I deny As to the Black-Bird I own it as to the Gold-Finch I never heard a Word of it till this time Sir Geo. Jeff. You had only a design upon the Black-bird then Mr. West Sworn Mr. Att. Gen. Tell the Court what you know of the Meeting at the Dolphin Tavern Mr. West I was there and Mr. Keeling came in There was several things said of Swan Quills Goose Quills and Crow Quills but this Man did not come in till this Discourse was over And I am sure I did not speak of any thing of this Nature before this Man in my Life But Mr. Goodenough did undertake to provide the Men and Mr. Goodenough said he would try him if he would make an attempt upon the Duke without the King And I asked him whether he had seen Mr. Goodenough he told me he had says he he spoke to me about a little Job for the Duke Mr. Goodenough said he had spoke to him fully about the thing And I saw him often in the Company of Mannius that was designed to be another of the Assassinates He was at my Chamber once says he Master shall we do nothing I think he used these Words That if the Duke of Monmouth would be true and appear he could bring 50 or threescore honest Men of to'ther side the Water to do the business I asked him what Business says he either a brisk Push that I took for an Insurrection for the two Brothers says I what Brothers do you mean Says he the Captain and Lieutenant those were the two Terms they used since the Vanâ—berring was Printed I think he was a pretty honest Fellow before this time he was deluded by Goodenough I think in the thing L. Ch. Just. To Mr. West Do you come to justify these things Mr. West My Lord he hath been deluded basely and I am sorry for the poor Fellow L. Ch. Just. It is a very unusual thing for one in your Condition to use such Expressions in such a Case Sir Geo. Jeff. Mr. West you have been deluded Mr. Att. Gen. Captain Richardson and Sir Nicholas Butler Sir Geo. Jeff. I find he is not worthy of the Mercy the King hath shewed him Mr. West It was a Word I put from me unawares Sir Geo. Jeff. My Lord We will give you an account of a design this Man had long ago to kill the King Sir Nicholas Butler Sworn Sir Nicholas Butler My Lord I know the Prisoner at the Bar very well I have known him many years I have always known him guilty of Plotting and Contriving and ready upon all occasions to embrace any thing for these Purposes laid to his Charge Particularly when Sir Francis Chaplain was Lord Mayor his Majesty and the Duke stood at Mr. Waldoe's House by reason of the Angel-House being shaken And he came to my House and told me he would discourse me upon some private Matter I called him into a Closet and he told me they had a fair opportunity to take off the King and the Duke at once I told him that would do very well but how will you do it Says he we will do it with Cross-Bows we are to be half a Dozen and we will go into the Steeple where there is a Window just opposite to the Balcony and a great deal of Discourse we had to this purposâ— My intent was to divert him from this Design and told him how impossible it was they should escape the Foot-Guards and Horse Guards and multitude of People And if he did not do the Business effectually he would be undone and all the Party I rested satisfied he would have desisted upon this But I knew the Principles of these Fifth Monarchy Men and their Associates and thought it not safe to trust to his bare say so that he would desist but I went to the King and the Duke of York into my Lord Chamberlains Chamber where they came to me and I gave them this Account and desired them to set some to watch the place and to search if any were got into the Steeple before they came and there was one Horsal appointed that did accordingly watch them but none came Upon which some good-willers to it have reported that it was a Sham-Business but I think that was not well done But the thing was real and when he was examined before the King in the Secretary's Office he did confess all these things that I charged him with Mr. Att. Gen. Sir Nicholas Butler had you any Discourse of killing the King at this time Sir Nicholas Butler No at last they did understand I kept a Correspondence at Court and then they would tell me no more Mr. Attorn Gen. Since he was taken what did he say about this matter Sir Nicholas Butler About this matter he did acquaint divers he was one that was to kill the King and the Duke Captain Richardson Sworn Capt. Richardson Sir Nicholas Butler asked him in my Presence I went along with Sir Nicholas when he examined him as to this thing how he was concerned He said Mr. Goodenough
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
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.
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.
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
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
very kindly and I writ a Letter to him to let him know how I had sofâ—ned my Lord and that it was my desire he should speak with my Lord at Oxon. My Lord Feversham gave me a very kind Account when he came again but he told me L. C. Just. Pray apply your self to the matter you are called for Mr. Howard This it may be is to the matter when you have heard me for I think I know where I am and what I am to say L. C. Just. We must desire you not to go on thus Mr. Howard I must satisfie the World as well as I can as to my Self and my Family and pray do not interrupt me After this my Lord there never passed a Day for almost L. C. Just. Pray speak to this matter Mr. Howard Sir I am coming to it L. C. Just. Pray Sir he directed by the Court. Mr. Howard Then now Sir I will come to the Thing Upon this ground I had of my Lords kindness I applied my self to my Lord in this present Issue on the breaking out of this Plot. My Lord I thought certainly as hear as I could discern him for he took it upon his Honor his Faith and as much as if he had taken an Oath before a Magistrate that he knew nothing of any Man concerned in this Business and particularly of my Lord Russell whom he vindicated with all the Honour in the World My Lord it is true was afraid of his own Person and as a Friend and a Relation I Concealed him in my House and I did not think it was for such a Conspiracy but I thought he was unwilling to go to the Tower for nothing again So that if my Lord Howard has the same Soul on Monday that he had a Sunday this can't be true that he Swears against my Lord Russell This I say upon my Reputation and Honour and something I could say more he added he thought my Lord Russell did not only unjustly Suffer but he took God and Men to Witnesse He thought him the worthyest Person in the World I am very sorry to hear any Man of my Name should be Guilty of these Things L. Russell Call Dr. Burnet Pray Dr. Burnet did you hear any thing from my Lord Howard since the Plot was discovered concerning me Dr. Burnet My Lord Howard was with me the Night after the Plot broke out and he did then as he had done before with Hands and Eyes lifted up to Heaven say he knew nothing of any Plot nor believed any and treated it with great Scorn and Contempt L. Howard My Lord may I speak for my self Sir G. Jeff. No no my Lord we don't call you L. C. Just. Will you please to have any other Witnesses called L. Russel There are some Persons of Quality that I have been very well accquainted and conversed with I desire to know of them if there was any thing in my former Carriage to make them think me like to be Guilty of this My Lord Cavendish L. Cavendish I had the Honour to be acquainted with my Lord Russell a long time I always thought him a Man of great Honour and too Prudent and Wary a Man to be concerned in so Vile and Desperate a design as this and from which he would receive so little advantage I can say nothing more but that Two or Three days since the Discovery of this Plot upon discourse about Col. Rumsey my Lord Russell did express something as if he had a very ill Opinion of the Man and therefore it is not likely he would intrust him with such a Secret L. Russell Dr. Tillotson He appears L. C. Just. VVhat Questions would you ask him my Lord L. Russell He and I happened to be very conversant To know whether he did ever find any thing tending to this in my discourse L. C. Just. My Lord calls you as to his Life and Conversation and Reputation Dr Tillotson My Lord I have been many Years last past acquainted with my Lord Russell I always Judged him a Person of great Vertue and Integrity and by all the Conversation and Discourse I ever had with him I always took him to be a Person very far from any such wicked Design he stands Charged with L. Russell Dr. Burnet If you please to give some account of my Conversation Dr. Burnet My Lord I have had the Honour to be known to my Lord Russell several Years and he hath declared himself with much Confidence to me and he always upon all occasions expressed himself against all Risings and when he spoke of some People that would provose to it he expressed himself so determined against that matter I think no Man could do more L. C. Just. VVill your Lordship call any other VVitnesses L. Russell Dr. Cox Dr. Thomas Cox stood up Dr. Cox My Lord I did not expect to have been spoken to upon this Account Having been very much with my Lord of late that is for a Month or Six Weeks before this Plot came out I have had occasion to speak with my Lord in private about these Publick Matters But I have always found that my Lord was against all kind of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary way I have had occasion often to speak with my Lord Russell in private and having my self been against all kind of Risings or any thing that tended to the disorder of the Publick I have heard him profess Solemnly he thought it would Ruin the best Cause in the World to take any of these irregular ways for the preserving of it and particularly my Lord hath expressed himself occasionally of these two Persons my Lord Howard and Col. Rumsey One of them Col. Rumsey I saw once at my Lords House and he offered to speak a little privatly But my Lord told me he knew him but a little I told him he was a Valiant Man and acted his Part Valiantly in Portugal He say'd he knew him little and that he had nothing to do with him but in my Lord Shaftsburys business He say'd for my Lord Howard he was a Man of excellent Parts of Luxuriant Parts but he had the luck not to be much trusted by any Party And I never heard him say one word of Indecency or Immodestly towards the King L. Russell I would pray the Duke of Somerset to speak what he knows of me D. of Som. I have known my Lord Russell for about Two Years and have had much Conversation with him and been often in his Company and never heard any thing from him but what was very Honourable Loyal and Just. L. C. Just. My Lord does say that he has known my Lord Russell for about Two Years and hath had much Conversation with him and been much in his Company and never heard any thing from him but what was Honourable and Loyal and Just in his Life Foreman of the Jury The Gent. of the Jury desire to ask my Lord
times Now Gentlemen this is the substance of the Evidence that hath been produced against my Lord Russel My Lord Russel hath made several Objections That he was accidentally at this meeting at Mr. Shephards house and came about other business but I must observe to you that my Lord Russel owned that he came along with the Duke of Monmouth and I think he said he went away with him too You observe what Mr. Sheppard's Evidence was Mr. Ferguson came to tell him the Duke of Monmouth would come and accordingly the Duke of Monmouth did come and brought his Companion along with him which was my Lord Russel and certainly they that met upon so secret an Affair would nâ—ver have brought one that had not been concerned Gentlemen there are other Objections my Lord hath made and those are in point of Law but before I come to them I would observe what he says to the second Meeting My Lord does not deny but that he did meet both at Mr. Hambdens house and my Lords own I think my Lord said they did meet onely to discourse of News and my Lord Howard being a man of excellent discourse they met for his conversation Gentlemen you can't believe that this designed Meeting was for nothing in this close secret Meeting that they had no contrivance among them You have heard the Witness he swears positively what the Conversation was and you see the fruit of it Sir Hugh Cambell's coming to Town and absconding when it is discovered Now my Lord Russel insists upon it that admitting these Facts be proved upon him they amount to no more than to a Conspiracy to levy War and that that is not Treason within the Statute of 25 E. 3. and if it be onely within the Statute of the 13th of this King then 't is out of time that directs the prosecution to be within six months The Law is plainly otherwise The Statute of the 13th of this King I will not now insist upon though I believe if that be strictly looked into the clause that says the prosecution shall be within six months does not refer to Treason but only to the other offences that are highly punishable by that Statute For the Proviso runs thus 13. Car. 2. Provided always that no person be prosecuted for any of the Offences in this Act mentioned other than such as are made and declared to be High Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by order of the Council-Table of his Majesty his Heirs or Successors directed unto the Attorney General for the time being or some other of the Councel learned to his Majesty his Heirs or Successors for the time being Nor shall any Person or Persons by vertue of this present Act incur any the Penalties herein before mentioned unless be or they be prosecuted within six months next after the offence committed and indicted thereupon within three months after such prosecution any thing herein contained to the contrary notwithstanding This word Nor is a continuation of the former Sentence and the exception of High Treason will go through all and except that out of the temporary limitation of Treason But this is High Treason within 25 E. 3. To conspire to levy War is an Overt Act to restifie the design of the death of the King And the errour of my Lord Cook hath possibly led my Lord into this mistake But this Gentlemen hath been determined it was resolved by all the Judges in the Case of my Lord Cobham 1 Iac. A Conspiracy to levy War against the Kings person as this was a Conspiracy to seize the Guards what does that tend to but to seize the King and that always hath been taken to be High Treason But there are some things called levying of War in Law that are not so directly against the King as if a number of men go about to levy men to overthrow all Inclosures this by the generality of the intent and because of the consequences is accounted levying War against the King A Conspiracy therefore to levy such a War which by construction only is against the King perhaps that may not be such an Overt act as to testifie the imagination of the death of the King but other Conspiracies to raise War against the King have always so been taken 'T is the Resolution of all the Judges in my Lord Dyers Reports the Case of Dr. Story A Conspiracy to invite a forrein Prince to make an Invasion though no Invasion follow is an Overt act to prove conspiring the death of the King And as it has been so taken so it hath been practised but of late days In the King's Bench I take it the Indictment against Plunket that was hanged he was indicted for Conspiring against the Life of the King and his Charge went no further than for raising of Arms and inviting the French King in and he suffered This is acknowledged by my Lord Cook for he himself said in the Paragraph before that out of which this advice to my Lord Russel is extracted That a Conspiracy to invite a forein Prince to invade the Kingdom is a Conspiracy against the Life of the King And in the next Paragraph he says an Overt act of one Treason cannot be an Overt act of another Treason but constant practice is against him in that For what is more common than to indict a man for imagining the death of the King and to assign the Overt act in a Conspiracy to raise Arms against the King and sometimes they go on and say Did levy War against the King Now by my Lord Cook 's rule levying War unless the Indictment be particular for that is not an Overt act for the compassing the death of the King but the contrary hath been resolved by all the Judges in the Case of Sir Henry Vane and it is the constant practice to lay it so in Indictments It would be a strange construction if this should not be High Treason 'T is agreed by every body to take the King Prisoner to seize the King that is a compassing of the death of the King And to sit in counsel to conspire to effect that that is an Overt act of the imagination of the death of the King now no man can distinguish this case from that And this Consultation amounted to all this for plainly thither it tended The Consultation was to seize upon the Kings Guards that could have no other stop but to seize upon the Kings person and bring him into their power As to the Killing of the King I am apt to think that was below the honour of the Prisoner at the Bar but this is equal Treason If they designed only to bring the King into their power till he had consented to such things as should be moved in Parliament 't is equally Treason as if they had agreed directly to assassinate him Therefore I think there is nothing for you to
Mr. Leigh Mr. Goodenough and several others Rouse Was it discoursed of before them Mr. Leigh No You never discoursed of it before them Rouse You discoursed of going an Hay-making in the Country says you I will trust them one alone but says you I am under an Oath of Secresy not to communicate it but to one at a time but I make bold to acquaint you with it I give you an accompt what I heard from his own mouth L. C. J. Look you what you heard from him will signify nothing unless you are able to make proof of it by other Witnesses If you will ask him any questions you shall We will hear what you can say for your self at last But you must not Invade the Kings Evidence with any discourse at Randome Rouse Did I ever put you upon any thing of this nature did you not tell me there was a design to overturn the Government but you would not shed blood Mr. Leigh I will answer I can't be positive whether I came to Mr. Rouse or he to me I had been in his Company several times before and whether he discoursed it first to me or I to him I cannot tell but when that point was discoursed he was very zealous to get en Captains and that the Ball might be played and the Tower taken Rouse Dâ—d ever Mr. Goodenough and you and I meet upon such an accompt Mr. Leigh Yes at the Kings-head Tavern Rouse I can take my Oath I never saw Mr. Goodenough but twice in your Company and I never knew you till May last Sir G. Jeff. You came to a very strict alliance by that time it came to June Mate Lee Sworn Sir G. Jeff. Tell my Lord and the Jury what you know the whole truth and nothing but the truth Lee. The whole truth I will tell About a week before Midsummer or thereabouts I met Mr. Rouse I think it was in Popes-Head Alley going to look after Captain Blage says Mr. Rouse I have something to say to you but he did forbear speaking it then so I went to the Kings head Tavern by the Exchange we went into a little Room says he there is something I would have you do What 's that says I. Says he can't you get some Sea-men sitting to make Commanders of Ships I did not understand Mr. Rouse's meaning in it but I thought Mr. Rouse being in Employment might put me in being destitute of employment as well as other men So after we did appoint to meet at Wapping at the sign of the Blew-Anchor in Wapping-Dock Says Mr. Rouse if I come not at Ten of the Clock do not look for me Says he can you get no men that are fit to make Commanders of Ships says I I have no acquaintance with any I do not know but Two or Three but says I I will see what I can do I waited for Mr. Rouse and Mr. Leigh next day both were to come The next day I asked him what he intended by the Commanders of the Ships where would he have those Ships He answered some of the Kings Men of War that lay at Deptford and Woolwich to make Guard Ships Says I what will you do if you have no Powder and Shot if you could take the Tower then you might provide them with every thing fitting Says Mr. Rouse we must secure the Tower and Whitehall both or we can do nothing Says I Mr. Rouse where is your Oath of Allegiance then that is to the King says he we will secure the King that he shall come to no damage and he shall remain King still If Mr. Rouse haâ—h any thing to object against what I say I desire to hear it I speak nothing but the truth Sir G. Jeff. Did you meet with him at any other time Lee. This was the first time he put out any such thing to me concerning any such contrivance Sir G. Jeff. Did you meet with him afterwards Lee. Yes we had some discourse it was to the same effect but it signifieâ— nothing and my memory being shallow I do not exactly remember it I know I must give an accompt of this before a greater Court than this Mr. Burton Mr. Corbin Sir G. Jeff. I did acquaint you my Lord that there was occasion to make use of Evidence against the Prisoner at the Barr I gave you an account how that Evidence was not receiv'd Now I desire to give you prooâ— that the continual inclination of this man's heart was the Killing of the King and destruction of the Government Mr. Thomas Corbin Sworn Sir G. Jeff. Pray Sir tell my Lord and the Gentlemen of the Jury what meetings you had her â—ofore with the Prisoner about the year Eighty One or thereabouts See whether you know him Mr. Corbin What I have to say against Mr. Rouse is only what I gave in Evidence to the Court before Rouse When was that Mr. Corbin In Eighty One L. C. J. Pray what do you know of him don't tell us what you gave in Evidence but you are on your Oath to speak truth not what you said then Mr Corbin My Lord Some few days before the Memâ—ers for the City of London went for Oxford I happened to appoint a Gentleman one Mr Wyaâ— to meet me at Mr. Leeches in Cornhill Mr. Rouse came by I knew him very well he was concerned in the Commission for Disbanding the Army as well as I. He came in and Saluted not only me but the Master of the shop with How do you He entred into discourse and said he intended to go for Oxford and that he had agreeâ— with the Coffee-men about Town to furnish them with News says he there are several Gentlemen resorting to your Shop it would do well if you had it Says Mr. Lâ—ch what shall I give you says he if you will go to the Tavern we will agree it over a Glass of Wine But Mr. Rouse told me he had a kindness to beg oâ— me and say he I would have you Ingage some of your friends to deliver them speedily to such a person I shall appoint De Die â—n Diem for says he if they bâ— delivered by the ordinary Letter-Carrier they won't turn to accompt nor give satisfaction By and by Mr. Wyat came in that I was to meet at the Stationers Mr. Wyat asked me what I thought of the Sessions Mr. Rouse made answer he did forsee it would be a very short Sessions Says he these frequent Prorogations and Dissolutions of the Parliament wont avail him for what ever the King has the Parliament gave him and they may take it away when they please One bid him have a care what he said and he replyed the King had forfeited his Crown and had no more right to it than he had L. C. J. Mr. Rouse If you would ask him any questions pray direct your self to us and we will ask them Rouse I desire he may be asked what was said before and after L. C. J. Can
Exchange Alley and he discoursed about gâ—â—â— of these Captains Rouse Who was present Mr. Leigh We never discoursed the matter joyntly but singly with one man Mr. Rouse and Mr. Goodenough went into a Room apart above staires and discoursed this matter as I believe half an hour Rouse How do you know what discourse I had with Mr. Goodenough when you was not present Mr. Leigh Mr. Goodenough thanked me for bringing him acquainted with you L. C. J. How do you know what discourse they had Mr. Leigh I know only what Mr. Rouse told me Mr. Rouse told me that he would ingage Ten Sea-Captains that a Ball should be played and every man take his dividend L. C. J. Did he tell you he had discoursed this with Mr. Goodenough Rouse Did I tell you so Mr. Leigh Yes Sir L. C. J. You speak of several in company one Pachin and others Mr. Leigh We went from the Kings-Head Tavern for there was Company we did not like though we discoursed there but of Hay-making and getting men to help the Country people L. C. J. What did you mean by that Mr. Leigh That was to get men for this business L. C. J. What did he say the intention was of raising these men Mr. Leigh Mr. Rouse hath frequently and often acquainted me that the King had taken an Oath in France and Spain to bring in Popery and Arbitrary power in so many years and that he had not done it made the Popish Party angry but that he would do it L. C. J. Well what design was there in raising of men and seizing the Tower Mr. Leigh He told me all things must be done together The King and the Duke must be seized for that was the principal work Rouse It never entred into my heart Be pleased to ask him if he was not Arrested by one Keeling and what was the accompt of it Mr. Leigh No. Rouse I mean sword against Mr. Leigh I will give your Lord hip an account of it Mr. Goodenough Mr. Rouse Mr. Pachin and I had been at the Kings-Head Tavern a man came and told me a man had been at my house and that one swore against me and it would be dangerous to go home A while after comes one Armiger and he told me Mr. Bateman was gone one way and he another to seek for me and desired me to have a care of my self With that Mr. Rouse Mr. Goodenough and Mr. Pachin came out to me Mr. Rouse directed me to go to the Sun-Tavern at Moongate and I went Mr. Rouse Mr. Goodenough and Mr. Pachin came to me I told them I would meet my Wife but they would not let me go on by any means but sent one Mr. Thomas a Coffee man for my Wife She came and told me Mr. Goodenough had Sworn against several People or he was Sworn against I went to Mr. Rouses house where Mr. Goodenough came to me Mr. Rouse would have had Mr. Goodenough staid there all night Mr. Goodenough sent for his Wife to know if his Brother had Sworn she acquainted him he had not Sworn Mr. Rouse invited him to lie with me He shewed me behind the Bed a Window to go out into another Mans room to make my escape if any Man should come to search the house I lay there on Saturday Mr. Goodenough and Mr. Nelthrop came to me Mr. Goodenough told me he had laid at Mr. Nelthrops all night but he had seen his Brother and he had not Sworn against me I heard that Mr. Keeling had Sworn against me and did say in discourse if I did light of Keeling I would kill him Rouse I desire to ask him another Question When he was told he was Sworn against what did he say L. C. J. He tells you before hand that he said he would kill Keeling if he could meet him Rouse He says Mr. Goodenough and Mr. Nelthrop came to my house ask him if I was in the House or saw Mr Goodenough Mr. Lee. I am not positive whether he saw them together but that he saw Mr. Goodenough there the Friday night for he invited him to lie with me L. C. J. Pray what was your reason in putting Mate Lee upon the inquiring out Men to make Masters of Ships Rouse To satisfie the Gentleman because he told me there was such a design in hand to get to the bottom of that design that so his Majesty might come to no damage Pray My Lord How could I acquaint the King or any Justice of Peacâ— what he meant by it unless I understood it L. C. J. Have you any thing more to ask Or would you have any Witnesses called Rouse My Lord 't is my unhappiness I have no Witnesses Sir Geo. Jeff. He hath confessed the Treason enough L. C. J. Look you Gentlemen of the Jury You hear that this person at the Bar is indicted for High Treason in conspiring the Kings death and declaring this by over Acts that is endeavouring to raise Men here for to Seize the Tower and to make an Insurrection here and a Rebellion within the Kingdom You hear two positive Witnesses of what they have heard from him He did endeavour says Lee to bring him into it and he told him the whole design he did declare to him the manner how they intended to Seize the King and the Duke of York Mr. Goodenough was one of the persons that confederated with him one of them but several others they had They had covert Terms to disguise this by getting the Country People in their Harvest He told them of a design he had to get the Seamen a Thousand of them together to Seize the Tower and White-Hall both at a time And you hear that Mate Lee had the same discourse in substance with him of endeavouring to Seize the Tower and get Arms for to Seize the Kings Ships to raise a Thousand persons for the effecting of this All these things you have heard proved against him he gives no Answer to any of them but only tells you that in truth he did not say these things to them but they that is the first Lee said these things to him He hath no evidence at all of it You hear likewise which does agree with this case the Testimony by the other person concerning his discourse in 81. How he said the King had forfeited his Crown and had no right to it but the Parliament gave him his Authority and might take it away All these discourses they savour of a very wicked Spirit as can be in the whole World I must leave it to you whether you believe him Guilty The Jury presently gave their Verdict that he was Guilty William Blague having been Arraigned on Thursday July 12 th pleaded Not Guilty and put himself upon his Countrey was brought to the Bar again Friday July 13 th he made no Challenges and the former Jury was Sworn The JURY Robert Beddingfield John Pelling William Winbury Theophilus Man John Short the Elder
Thomas Nicholas Richard Hoare Thomas Barnes Henry Robins Henry Kemp. Edward Radish Edward Kemp. Clerk GEntlemen of the Jury look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of William Blague late of London Gent. that he together with John Rouse c. Mr. North. Gentlemen you that are sworn the Prisoner at the Bar is charged with compassing the Death of the King and conspiring to raise War and Rebellion to destroy the Government and take possession of it that he did conspire with one Rouse and several others not yet known to bring these things to pass and being join'd together to seize the Tower and to provide several Arms To this he hath pleaded not guilty c. Mr. S. Jeffreys My Lord and you Gentlemen of the Jury we shall not need to trouble you much with the Prisoner at the Bar for this Prisoner with him that went before were to undertake that part of this horrid Conspiracy relating to the seizing the Tower because the same Witnesses that were against the former are against the Prisoner at the Bar. We shall not need to trouble you with the history we will call our Witnesses to prove it Do you hear Lee you must tell my Lord and the Jury what the Prisoner at the Bar was concerned in L. C. J. What do you know of any Treasonable practices of his Mr. Lee I will acquaint your Lordship and the Gentlemen of the Jury that Capt. Blague and Mr. Rouse were frequently at the Tavern I presume many times they came in about Business and sometimes there was Discourses to carry on this Conspiracy Mr. Rouse told me he had acquainted Capt. Blague with it about getting Ten Sea Captains Capt. Blague told him they had better engage one or two Ships to shoot Morter-pieces into the Tower which would presently destroy it and discoursing with Capt. Blague about the affair he told me he would be ready in a Fortnight or Three Weeks Capt. Blague My Lord will you please to ask what time that was L. C. J. You shall have any Question asked by and by Capt. Blague Very well Mr. Lee. Capt. Blague told me he would be ready in a Fortnight or something more and he had an intention to lay in about Fourteen Guns in his own Ship that he had bought he would have Twenty four in it and lay it on Southwarke side against the Tower He would venture his Ship but they must see they were provided with Money for the Seamen I acquainted Mr. Goodenough with this and Mr. Goodenough desired to speak with Capt. Blague I told Capt. Blague of it and we took Coach at the Stocks-Market and went to the Kings-head in Chancery-Lane where we met with Mr. Richard Goodenough and Mr. Francis Goodenough Capt. Blague asked what Money they had provided they said about 40000 l. says Capt. Blague the Seamen will swallow that up immediately L. C. J. What did Capt. Blague say Mr. Lee. Mr. Goodenough and Capt. Blague discourst about the Matter at the Kings-head Tavern at Chancery-Lane end and the discourse about the Matter was how to seize the Tower he then told them again the only way was to do it with Morter-pieces that he would venture his own Ship and provide Two hundred men L. C. J. What did he say about Money Mr. Lee. He asked what Money was provided he said there was about 40000 l. then he said that would be easily swallowed Mr. Goodenough said that there would be more provided at any time Cap. Blague and Mr. Goodenough both of them drank a Glass or two of Wine together and so at that time we parted I met with Capt. Blague again and bid me for God's sake don't discourse before my Mate such a one but my Mate Lee is a very honest fellow Said he I will undertake once in Twenty times to dismount them Six Guns that face towards Surrey side which I understood to be about Traytor's-Bridge he would undertake to dismount them What discourse Capt. Blague and Mr. Goodenough had a part I can't tell but Mr. Goodenough told me he would get some other Captains to engage in that affair That Business was left to him and I and I was desired to be frequently with Capt. Blague for the managing this affair of the Tower and saies he I have had a Commission though not in England by Land as well as by Sea L. C. J. Will you ask him any thing Sir Now he shall be asked any thing that you will propose First you do propose to him about what time this meeting was What say you to that Mr. Lee. If it please your Lordship I believe it was toward the latter end of May or the beginning of June Capt. Blague If you please my Lord I will give you a Journal or Narrative of all my proceedings L. C. J. Will you ask him any more than that Cap. Blague No my Lord. Mr. S. Jeff. We will call Mate Lee. This Mate Lee was the Man that might not be trusted Mate Lee tell my Lord and the Gentlemen of the Jury what discourse you have had with the Prisoner at the Bar Capt. Blague about seizing the Tower Mate Lee. I shall Sir The first discourse that ever I understood was one time he and I was riding in a Coach saies Capt. Blague one of these daies we shall have a Ball to toss I did not know the meaning of this Ball till afterwards Mr. Rouse and Mr. Lee and I came together and he told me of tossing a Ball upon Black-heath Then I began to understand it And after this I can't tell whether it was before that Capt. Blague and I walking about the Tower and discoursing of this my way was to Scale the Tower and take it that way saies Capt. Blague the best way is to shoot Morter-pieces on Southwarke side this was all the discourse Mr. S. Jeff. Can you say any thing about the Ship Mate Lee. Nothing about the Ship but about Morter-pieces on Southwarke side Mr. S. Jeff. What time was that Mate Lee. I cannot be possitive about Six Weeks ago or less Mr. S. Jeff. The first time was in the Coach Mate Lee. That was about the Ball I did not understand it only tossing up a Ball I did not understand the meaning of it till afterwards Mr. Rouse and Mr. Lee and I came together L. C. J. How came you to discourse with him concerning the best way of taking the Tower Mate Lee. Mr. Rouse and Mr. Lee and I and Capt. Blague had been together We discourst about taking the Tower And we had this discourse among our selves which was the best way to take the Tower my approbation was Scaling Ladders and hand Granadoes that was the best way Cap. Blague's way was with Morter-pieces on Southwarke side L. C. J. To what intent was this discourse had you had any former discourse with any Persons Mate Lee. Not at all if it please your Lordship The first discourse I
had was with Mr. Rouse and Mr. Lee. L. C. J. And was that about taking the Tower Mate Lee. To surprize the Tower and Mr. Lee and Mr. Rouse and I went down to view the Tower L. C. J. Then afterwards Capt. Blague came in about the way to take it Mate Lee. This discourse with Capt. Blague about the Tower was between him and I. I don't remember it in any other Company L. C. J. What was your Business with Capt. Blague Mate Lee. My Business was with Capt. Blague to be his Mate and I was conversant with him at the Exchange the Coffee-house and the Kings-head Tavern And we had discourse about these things L. C. J. Come Capt. Blague would you have him asked any Question Capt. Blague My Lord otherwise I had gone to Sea soon after I came home but so it was that I had an occasion for Pensilvania and New-York and coming one day to the Exchange I met Mr. Rouse whom I had not seen in 16 or 17 years before for Mr. Rouse made a Voyage to Virginia with me about 20 years ago Now My Lord meeting with Mr. Rouse I had an occasion then to take up Two ' or Three Hundred Pounds and knowing Mr. Rouse was a Broker I did imploy him to procure it me but he did not however daily I came to him to dispatch that affair and Mr. Rouse being a Man for a Tavern I went to the Kings-head Tavern and the Sun Tavern if he was not at one place I found him at another in order to perfect this business So My Lord when I came into his Company several People use to be with him that I never saw in my life and Mr. Rouse would say sit down a little and I will go with you presently so I would sit down and drink a Glass of Wine and go to the places where the affair was to be managed after I had done thus several days and to no purpose I did it my self Now My Lord Mr. Rouse in that time brought me acquainted with Goodenough because Goodenough was in his Company and Mr. Lee not that I ever saw Mr. Goodenough in my life before and not as Mr. Lee says that I ever was with him at the Dragon Mr. Lee. The Kings-head Tavern in Chancery-Lane Capt. Blague I was just coming home when Mr. Lee was going to meet with Mr. Goodenough and I went in there and took a Glass of Wine and bid them farwel and so went home When I was with Mr. Rouse I was asking what People they were that were in his Company he said very honest Men drank a Glass of Wine and went away and still I found them together I was saying to this Mr. Lee here if you will go along with me you shall give me as much for your Passage as any of the rest of the Passengers do Now at this time my Ship was not in my possession this very day three Weeks I had it in my possession and now at this very day she is in the Carpenters hands who is here now I suppose L. C. J. Well go on Capt. Blague Now Sir whereas Mr. Lee reports that I discourst with Mr. Goodenough concerning any publick affairs or any thing tending to the Disturbance of the Peace then am I not a Christian. Besides Sir I did not speak Twenty words or Ten words at the time but your Servant Sir or here 's to You in a Glass of Wine and this I do speak in the presence of God Almighty And when I came into a Room I never staid longer than Mr. Rouse for my business was with him and so went about my own affairs As for Mr. Goodenough I believe I was three times in his Company before I could remember his name I would ask Rouse several times what do you call that Man But in reference to the Tower that Mr. Lee speaks of that must be touched at I do remember very well I shall by no mâ—ans palliate it if I were presently to die coming up from the Ship we were coming by water indeed I should have had possession of the Ship a Fortnight before if they had done me Justice I had Two or Three Hundred Pounds for them before but coming from the Ship we were coming up by water by the Tower I don't know how it was I spake it to the Waterman this place is not well Fortified and if any occasion should happen this place lies in more peril and jeopardy than any place of the Tower and so it does It is an ease matter for any to give their Sentiments whether they be accepted of or no. This is the very thing I said and then they were talking of a French War and the like Then I said you silly fools if they should take it it is but going over a t'other side and throwing half a dozen Bombo's to them and set them out again But however Mate Lee if he remember I told him the same thing at that same time and I told Mr. Lee it was pitty a thousand times that place was not better Fortified But as to what Mr. Lee says to have Two hundred men in a poor Pink I have refused several in that very Ship because I could not stow an Hundred Men Women and Children and that I should Press Two hundred Men in that Ship that will not hold And besides it is a Pink let any one look upon her and see whether that Ship be fit or no to take in Two hundred Men. But whereas they say I had Arms and such things I bought the Ship and Arms together I had 4 Blunderbusses 2 Javelins and Half-Pikes that is all L. C. J. You forget to Answer several things you had discourse about a Bank of Money Capt. Blague A Bank of Money My Lord I never discourst of And as to the Ball that my Mate speaks of My Lord I know no more what it means to this very day than one that never saw a Ball. L. C. J. Look you Sir you were with Mr. Lee this Mr. Lee hath Sworn he says you told him that you would undertake to get Two hundred Men and you had bought Fourteen Pieces of Ordnance already and that you would within a Fortnight's time do you remember bring your Ship to Southwark and be ready to beat down that part of the Tower Capt. Blague My Lord I have told you already the Ship was not mine to bring till this Day Three Weeks L. C. J. That was within Compass for they tell you this discourse was about a Month ago Capt. Blague It was in May my Lord they talk of L. C. J. No they speak of about a Month ago you were to have them in a Fortnights time What saies the first Lee what time does he speak of Mr. Lee. If it please your Lordship he said his Ship would be ready in a Fortnights time or thereabouts L. C. J. How long was that ago Mr. Lee. About a Month or Five Weeks L. C. J. To what
this is and in order to what design Mate Lee. The design was to take the Tower L. C. J. Did Blague and you discourse it to this purpose Mate Lee. Capt. Blague and I discourst it to that purpose of taking the Tower Mr Sol. Gen. Did you discourse of it as a thing that might be done or that was intended to be done Mate Lee. We did discourse of it as a thing that might be done or was intended to be done L. C. J. Now Capt. Blague if you have any thing to ask him you may Capt. Blague Ask him whether there were any projections or provisions made for the taking it and whether or no there was any resolution taken that the Tower should be taken Mate Lee. An 't shall please your Lordship the King's Majesty asked me when I said what Capt. Blague said about taking the Tower with Mortar-Pieces if it please your Majesty said I I don't know whether there was any such thing discourst that I did not hear L. C. J. Well was there any thing provided or designed in order to it Mate Lee. An 't please your Lordship there was nothing of Men or Guns provided that I did know or hear of Mr. S. Jefferies How many times did you talk with Capt. Blague about this Mate Lee Several times L. C. J. Had you any order from any other persons for to discourse Capt. Blague in order to this Mate Lee. No An 't shall please your Lordship to the best of my knowledge I had no order for they were commonly together Capt. Blague Mr. Rouse and Mr. Lee and I came to them when I had business with Capt. Blague L. C. J. Did you ever discourse this thing with Capt. Blague before them Mate Lee. I cannot be positive in that Mr. Sol. Gen. Did those other persons that you said you discourst with engage you Mate Lee. Mr. Rouse and Mr. Lee and I went out to view the Tower how it might be taken Mr. Sol. Gen. Did they engage you Mate Lee. Yes they did engage me Jury My Lord we desire to have the Witness asked whether the Captain knew he went to view the Tower L. C. J. Had he any intimation you went to view the Tower Mate Lee. My Lord I cant be positive in that Some time after we met the Captain and did tell the Captain we had view'd the Tower but I don't remember what observations we made Mr. S. Jefferies Nor what he said to you Mate Lee. No nor what he said to me upon it L. C. J. Look you Mr. Lee Mate Lee the Captain told you of this Ball that was to be thrown upon Blackheath how long ago was it Mate Lee. An 't please your Lordship I cannot be positive it was Five or Six weeks ago I think it was the last time I rid along with him to to the Kingshead Tavern I went to Chancery-Lane and you gave me Coach-hire for nothing and then you spoke of tossing up the Ball. L. C. J. What was it he said Mate Lee. This was all I did not know his meaning neither did he express his meaning he was saying to the best of my remembrance we shall see a Ball tost up I don't remember he said upon Blackheath the confirmation of it was by Mr. Rouse and Mr. Lee then I came to understand what the Ball did mean Sir James Butler With his Lordships leave did you speak first to the Captain about the Tower or did he speak to you was it your motion to him or his to you Mate Lee. I don't know but it might be my motion to him Sir James Butler Then My Lord give me leave to ask another How were these Mortar-Pieces to be brought up to be planted on Southwark side to play upon the Wall of the Tower Mr. S. Jefferies That was t'other Man Sir James L. C. J. Is there any thing more that you would have asked of any of these Witnesses or have you any Witnesses of your own Capt. Blague My Lord the Witnesses that I have in reference to the number of Men are here I desire My Lord you will be pleased to order them to come in to know upon what account I Shipped them Jury My Lord Pray let us ask t'other Lee one Question L. C. J. The first Lee. Jury We desire to know whether he heard anything of the Ball or Tossing it L. C. J. He hath told you a long story of it Mr. Lee. The story of Blackheath I acquainted you with it about Mr. Rouse There was a Golden Ball to be plaid upon Black-heath a Thousand Seamen to be at the playing of this Ball Ten Sea Captains to manage these Thousand Seamen and after the Play was over every Captain to take his Division apart and treat them with Punch and after that was done to tell them they had other work to do and to have Long-boats and Arms ready to go and seize the Tower Jury Did Capt. Blague acquaint you with this Mr. Lee. Mr. Rouse told me Captain Blague was acquainted with it I never discourst with Captain Blague about it Captain Blague told me the best way was to set a Ship a to'ther side and shoot Mortar-pieces into the Tower L. C. J. What would you have Mr. Wright asked Capt. Blague My Lord please to ask him upon what account he was shipped L. C. J. Was you shipped upon the Captain 's Ship and upon what account Mr. Wright An 't shall please your Honour I was shipped upon him almost Four Months and three Weeks ago L. C. J. Upon what account Mr. Wright I was shipped upon him upon the account of New York England and Holland L. C. J. Well what use do you make of this Evidence Capt. Blague Only my Lord if you please to ask the rest whether I have shipped any more men or spoke with any more than these are Mr. Wright An 't like your Honour I have waited upon the Captain ever since I have been shipped I have waited upon him in London at the Coffee-house about Business Since I have belonged to him I was in Pay although we had not a Ship in possession Sometimes at the Mayors Court Office Mr. Briggs sometimes with Mr. Rouse who had something to do for â—â—prain Blague I kept at the Coffee-house commonly every Day from Eight or Nine a Clock in the Morning sufficient Persons know me in London I have kept at the Coffee-house from Nine or Ten a Clock in the Morning till Four or Five in the Afternoon and so I have satisfied him about what People have inquired after him Capt. Blague Call Robert Chappel L. C. J. Capt. Blague what would you have him asked Capt. Blague Carpenter declare to my Lord how long you have been with me and upon what account I shipped you Chappel Four Months and an half L. C. J. What besides Chappel We were to go to New York I have been shipped Four Months and an half to go to New York We came to the Coffee-house in
Att. Gen. You may read it Cl. of Cr. Will you have it read in Latin or in English L. Russell In English The Clerk read to the words of Conspiring the Death of the King L. Russell Hold I thought I had not been charged in the Indictment as it is of Compassing and Conspiring the death of the King Mr. Att. Gen. Yes my Lord. L. Russel But Mr. Recorder If all that the Witnesses swore against me be true I appeal to you and the Court I appeal to you whether I am guilty within the Statute of 25 E. 3. they having sworn a Conspiracy to levy War but no Intention of killing the King And therefore I think truely Judgment ought not to pass upon me for Conspiring the death of the King of which there was no proof by any one Witness Mr. Att. Gen. That is no Exception Mr. Recorder My Lord that was an Exception proper and as I think you did make it before the Verdict whether the Evidence does amount to prove the Charge that is proper to be observed to the Jury for if the Evidence come short of the Indictment they can't find it to be a true Charge But when the Jury has found it their Verdict does pass for truth We are bound by the Verdict as well as your Lordship we are to go by what the Jury have found not their Evidence L. Russel Without any proof Mr. Recorder The Jury must be governed by their Evidence L. Russel I think it very hard I must be Condemned upon a Point that there was not one thing of it sworn therefore I think I may very Legally demand arrest of Judgment Mr. Recorder I hope your Lordship will consider 't is not the Court can give a Verdict it must be the Jury I believe there is no body in the Court does delight in giving such Judgments especially against your Lordship The Verdict is found and the Kings Attorney General on behalf of the King does demand it Mr. Att. Gen. I do demand Judgment of the Court against the Prisoner Proclamation made for silence whilst Judgment was giving Mr. Recorder My Lord Russel your Lordship hath been indicted and tryed and found Guilty of High-Treason the greatest of Crimes your Quality is great and your Crime is great And I hope and expect that your behaviour and preparation in this Condition will be proportionable My Lord it is the Duty of the Witnesses to give Evidence according to truth it is the Duty of the Jury to proceed according to Evidence and 't is the duty of the Court to give Judgment according to the Verdict It is the Kings pleasure signified by his Attorney General to demand Judgment against your Lordship according to this Verdict and therefore my Lord I shall not delay it with any further circumlocution The Judgment the Law hath provided and is the Duty of the Court to give is That you be carried back again to the place from whence you came and from thence be drawn upon an hurdle to the place of Execution where you shall be hanged up by the Neck but cut down alive your Entrails and Privy-Members cut from your Body and burnt in your sight your Head to be severed from your Body and your Body Divided into four Parts and disposed at the Kings pleasure And the Lord have Mercy upon your Soul Mr. Att. Gen. Set up the other now Cl. of Cr. Set Captain Walcot to the Barr Rouse and Hone. Which was done and they bid severally to hold up their Hands which they did and Captain Walcot being asked what he could say why Judgment of Death should not pass upon him said Cap. Walcot I have nothing to say only I have one favour to begg of the Court whether it be proper to begg it now or no I can't tell Mr. Recorder What is it Capt. Walcott I would beg the favour that the Youth my Son might come and see me and some of my Friends Mr. Recorder Capt. Richardson does not deny it to any man after he is condemned that is a piece of Humanity you need not ask I never knew it denyed Then Hone was asked what he could say against Judgment Hone. I beg the same favour Mr. Recorder Ay Ay God forbid You had best ask for some Divine to come to you Then Rouse was asked the same Question Rouse I would speak of the disadvantages I had when I came upon my Tryal When I was put upon my Tryal you know very well I begged the favour of some things one was a Copy of the Indictment when I saw a person come before me who in his own Conscience knew was the Author of all these things I have nothing to say against the Judgment or Verdict I always had a great Veneration for the Constitutions of the Kingdom I pray God forgive them that came against me I wish I had no more weight upon my Legs then I have in my own Conscience I prayed a Copy of my Indictment These things unexpectedly came upon my Tryal that I had not opportunity to speak what I should Mr. Recorder We are content to hear you But observe you are to answer the Question that is asked Why Judgment should not pass upon you You say you won't speak against the Jury we must not hear you nor against the Verdict Rouse I have one word more and that is the Vast difference between the Indictment and their Oaths the Indictment was that such and such words and discourses passed the Second of March the Oaths sworn were that the words were not spoken then but the last of June which was three months difference but however the Jury have pleased to find it I must throw my self at his Majesties feet I have nothing more to say Then silence was proclaim'd and Judgement given against Walcott Hone and Rouse in like manner as upon the L. Russel FINIS