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.
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
Lord in compassing the Murder of the King in raising Rebellion within this Kingdom to the overthrowing of the best constituted and the most excellent Government in the World Gentlemen he does not stand alone and therefore he is charged in the Indictment with a Conspiracy with many others I am heartily sorry to say there are many indeed there is hardly any Kingdom or Nation wherein there are not discontented persons whose narrow Fortunes or malevolent Spirits render them uneasie in that condition God Almighty hath put them but to find men that pretend to be Christians or to have any thing of Virtue and under the best of Governments that indeed is a matter of wonder and indeed it casts so great a stain and reproach upon the Protestant Name that it is not to be wiped off but by the severest Justice of the Kingdom Gentlemen this design was for a general Rising and at the same time to assassinate the King and the Duke of York this is the design which the whole course of our Evidence will open to you and lies so naked that I hope no Englishman that lives but will see through these men that have made such a noise and tumult in these latter dayes This design to assassinate the King and the Rising was designed to be in October last upon the King 's Return from New-Market and at that time there was a Noble Lord that is gone now to his own place as will appear by the Evidence that furnished them with considerable summs of money for the providing Men and Arms for the assassinating the King at that time but the Assassinates were not then ready as God appointed they should not be ready and so at that time they were disappointed Then the general Rising was put off till Queen Elizabeth's day which will open your eyes to see upon what grounds those Tumultuous Meetings were encouraged in the City to the terror of all honest men but that Rising was also disappointed because some of the Conspirators were not ready with their Men in the Countrey and then Gentlemen though it was prest on by the person I mentioned he then thought it high time to leave these Confederates to themselves Gentlemen after this we shall trace them in their several Meetings and Consultations for there was a time that they struggled with themselves which should be effected first whether they should first kill the King and the Duke or whetâ—â—r they should first rise and so prosecute him in an open Rebellion and destroy him that way And the course of our evidence will shew how ingenious these men were for it appears there were men of great ingenuity and courage as appears by the Prisoner at the Bar and they would discourse of these matters in Phrates that common persons should not understand them Capt. Walcot I do not understand you Mr. Att. Gen. I speak as loud as I can At their meetings for cutting off the King that was the executing of a Bargain and Sale and a short conveyance to come to their end The raising of a War that was under the notion and so to be discourst of of executing a Lease and Release to work both upon the possession and upon the reversion and under these mystical terms they discourst of all these subjects when they were in publick places Capt. Walcot I do not hear Mr. Att. Gen. You will hear the Witnesses and that will concern you more Then Gentlemen in these several meetings they contrived to allot every man his part some were to provide Arms others were to provide men to do the execution which was last resolved upon to be at the Rye upon the Kings last return from New-Market Gentlemen in all these parts which I hope to prove the Prisoner will appear to have a principal part in them all In all the Consultations and Advisings for the raising men wherein he was to be a principal Commander according to the skill he hath but for the Assassination at the Rye Rumbold was to conduct the Men hired for that purpose Gentlemen accordingly the time was appointed for his Majesty to come and the Assassinates to meet him there but it pleased God that that was disappointed by a miraculous Fire for so all Englishmen may call it and whereas they were to go down on Friday to Rumbold's House and the King to come up on Saturday the Fire brought him to Town on Tuesday but notwithstanding this great Providence to divert them Rumbold and others of the Confederates resolved to go on with it still and several places were appointed and several Officers appointed to view those places either between Hampton-Court and Windsor or else to do it at the Play-house or upon the Kings passage from the Play-house by Bedford-wall at Covent-Garden but if these should fail they were resolved to do it at the Bull-feast Gentlemen they went further they provided Arms which very Arms opportunely fell into our hands we seised those very Arms that were bought for that purpose to kill the King and the Duke We shall go through with it I will name you the material places of their meetings that so you may understand the Witnesses the Green-Dragon Tavern on Snow-hill the Salutation Tavern in Lumbard-street the Angel Tavern near the Exchange and Mr. West's Chamber in the Middle Temple these were some of the principal places though they had several other places wherein all these matters were consulted and transacted They had prepared a new Model of Government and they were for overturning all as all these Politicians do though they had a most excellent Government yet they had a better in their own brains or at least their share would be greater in it as all Rebels have a prospect of Gentlemen for the other parts we shall have less occasion to give evidence of now for every one had their particular part some for the great design of the rising some for the killing of the King whereof that Gentleman the Prisoner was one and there were other parts assign'd to others for taking and surprizing the Tower We will call our Witnesses and prove all that we have opened and make it as clear to you as the Sun shines such a prodigious Villany nothing but a firebrand from Hell could kindle in meâ—s minds to kill the best of Kings and to destroy the best Frame of Government Gentlemen I do not question your Justice but that this man shall pay what is due to the Justice of the Kingdom Mr. S. Jeffreys My Lord I only desire to give an account of the method of our Evidence Capt. Walcot My Lord I desire I may have the favour of Pen and Ink. L. C. J. That you shall have Mr. S. Jeffreys My Lord and you Gentlemen of the Jury Mr. Attorney hath already given you an account of the design that was to be put in execution by a parcel of evil men whereof the Prisoner at the Bar we charge to be one We shall not detain you
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
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
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said
Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Commâ—n Tranquility of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of November in the Year of the Reign of our Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a Miserable Slaughter amongst the Subject of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move procure and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Soverâ—ign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
notable cunning Lawyer and if such a Challenge were to have been allowed no doubt he would have made use of it but the Challenge was not taken and if he had made such a Challenge and it had been allowed perhaps he could not have been tried That was Cook I have heard several Persons tryed for Treason my self and never heard it taken Therefore I am of Opinion that before any Statute was made in this case It was the Custom in London to try without Freeholds and since by the Statute of Queen Mary 't is restored Mr. Baron Streete I think there was no such Challenge at Common Law The Jury were only to be Probos Legales homines and no more till the Statute made it so but there is a particular Reservation for Corporations And certainly if this should be admitted to be a good Challenge tho' it were between Party and Party there would be in some Corporations a perfect failure of Justice So that without doubt at Common Law there was no such Challenge As for the Statute of H. 5. 't is gone by that of Queen Mary If this were admitted within London nothing would be more mischievous to this Corporation Methinks we have been very nice in this matter when the life of the King is at Stake and all the Customs and Priviledges of the City of London seem to be levelled at in this point I am of the Opinion with the rest of the Judges that this Challenge ought to be over-ruled Justice Withins I am of the same Opinion L. Ch. Just. My Lord the Court is of Opinion upon hearing your Counsel and the Kings that it is no good Challenge to a Jury in a case of Treason that he has not Freehold within the City But I must tell your Lordship withall That your Lordship has nothing of hardship in this case for notwithstanding that I must tell you you will have as good a Jury and better than you should have had in a Country of 4 l. or 40 s. a year Freeholders The Reason of the Law for Freeholds is That no slight Persons should be put upon a Jury where the Life of a man or his Estate comes in Question but in the City the Persons that are impannell'd are men of Quality and Substance men that have a great deal to lose And therefore your Lordship hath the same in substance as if a Challenge was allowed of Freehold It will be no kind of prejudice to your Lordship in this case Therefore if you please apply your self as the Jury is called and make your Exceptions if you shall make any L. Ch. Just. Mr. Bollexfen you shall have liberty to stay any where here if you please Counsel Here is such a great Crowd my Lord we have no room Then the Iurymen were called and after the Lord Russel had challenged One and Thirty of them the Iury sworn were as follows Jur. Iohn Martin William Rouse Iervas Seaton William Fashion Thomas Short George Toriano William Butler Iames Pickering Thomas Ieve Hugh Noden Robert Brough Thomas Omeby Then was made Proclamation for Information Cl. of Cr. William Russel Esq hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted by the name of pront before in the Indictment Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal hath put himself upon his Country which Country you are Your Charge is to inquire whether he be Guilty of this High Treason whereof he stands Indicted or not Guilty If you find him Guilty you shall inquire c. Mr. North. May it please your Lordship and you that are sworn The Prisoner at the Bar stands charged in this Indictment with no less than the Conspiring the death of the Kings Majesty and that in order to the same he did with other Traitors named in the Indictment and others not known 2. November in the 34th year of this King in the Parish of Bassishawe within the City of London meet and conspire together to bring our Soveraign Lord the King to death to raise War and Rebellion against him and to massacre his Subjects And in order to compass these wicked Designs there being assembled did conclude to seize the Kings Guards and his Majesties Person This is the Charge the Defendant says he is Not Guilty if we prove it upon him it will be your duty to find it Mr. Att. Gen. My Lord and you Gentlemen of the Jury most of our Evidence against this Honourable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Gray Sir Thomas Armstrong and Mr. Ferguson they were the Council of State as I may call them to give forth directions for the general Rising that hath appeared was to have been within this Kingdom The Rising was of great concern and expence and must be managed by Persons of interest prudence and great secreâ—e These Gentlemen had frequent meeting in October and November last for then you may refresh your memories again was the general Rising to be and there they did consult how to manage the Rising they consulted how to seize the King's Guards And this Noble person being mixed with these others especially with Ferguson who with others of an inferior rank was also ingaged in a Cabal for managing worser things tho' this is bad enough at several meetings they receive Messages from my Lord Shaftsbury touching the Rising They being looked upon as the Persons that were to conclude and settle the time and all circumstances about it We shall make it appear to you in the course of our Evidence that those Underlings for this was the great Consult and moved all the other Wheels who managed the Assassination did take notice that these Lords and Gentlemen of Quality were to manage and steer the whole business of the Rising It seems these Gentlemen could not give the Earl of Shaftsbury satisfaction to his mind for he pressed them to keep their day which was the 17th of November last But the honourable Person at the Bar and the rest made him this Answer That Mr. Trenchard had failed them for that he had promised to have 1000 Foot and 2 or 300 Horse at four hours warning but now it was come to pass he could not Perform it that some Persons in the West would not joyn with them and therefore at this time they could not proceed and therefore they must defer the day And as a Council they sent my Lord Shaftsbury word he must be contented they had otherwise resolved and thereupon my Lord Shaftsbury went away and Mr. Ferguson with him To carry on this practice they took others into their Council Sir Thomas Armstrong was left out and there falling that Scandalous Report upon my Lord Gray he was to be left out and then there was to be a new Council of Six whereas the inferior Council to manage the Assassination was seven
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 the Negotiation which he had with my Correspondents was going on and in good Condition and it was earnestly desired I would come to Town this was the middle of September I notwithstanding was willing to see the result of that great Affair upon which all Mens Eyes were fixed which was the Determination of the Sherivalty about that time So I ordered it to fall into Town and went to my own House on Saturday night which was Michaelmas day On Sunday he came to me and Dined with me and told me after a general Account given me of the Affairs of the times that my Lord Shaftesbury was secretted and withdrawn from his own House in Aldersgate-Street and that though he had a Family setled and had absconded himself from them and divers others of his Friends and Confidents yet he did desire to speak with me and for that purpose sent him to shew me the way to his Lodging He brought me to a House at the lower end of Wood-street one Watson's House and there my Lord was alone He told me he could not but be sensible how Innocent soever he was both he and all honest Men were unsafe so long as the Administration of Justice was in such Hands as would accomodate all things to the Humor of the Court. That in the Sense of this he thought it but reasonable to provide for his own Safety by withdrawing himself from his own House into that Retirement That now he had ripen'd Affairs to that head and had things in that Preparation that he did not doubt but he should be able by those Men that would be in readiness in London to turn the Tide and put a stop to the Torrent that was ready to overflow But he did complain to me that his design and the design of the Publick was very much obstructed by the unhandsome Deportment of the Duke of Monmouth and my Lord Russel who had withdrawn themselves not only from his Assistance but from their own Ingagements and Appointments For when he had got such a formed Force as he had in London and expected to have it answered by them in the Country they did recede from it and told him they were not in a Condition or Preparation in the Country to be concurrent with him at that time This he looked upon but as an artificial Excuse and as an instance of their Intentions wholly to desert him but notwithstanding there was such Preparation made in London that if they were willing to lose the Honour of being concurrent with him he was able to do it himself and did intend speedily to put it into Execution I asked him what Forces he had he said he had enough sayes I what are you assured of Sayes he there is above Ten Thousand brisk Boys are ready to follow me when ever I hold up my Finger Sayes I how have you methoded this that they shall not be crushed for there will be a great Force to oppose you Yes he answered but they would possess themselves of the Gates and these Ten Thousand Men in twenty four Hours would be multiplied into five times the Number and be able to make a Sally out and possess themselves of White-Hall by beating the Guards I told him this was a fair Story and I had reason to think a Man of his figure would not undertake a thing that might prove so fatal unless it were laid on a Foundation that might give a prudent Man ground to hope it would be Successful He said he was certain of it but confessed it was a great disappointment that these Lords had failed him I told him I was not provided with an Answer at that time That he well knew me and knew the general frame and bent of my Spirit But I told him I looked upon it as dangerous and ought to be laid deep and to be very well weighed and considered of and did not think it a thing fit to be entred upon without the Concurrence of those Lords And therefore desired before I discovered my own Inclination to discourse with those Lords He did consents with much ado but sayes he you will find they will wave it and give doubtful and deferring Answers but you will find this a Truth I went to Moor-Parke the next day where the Duke of Monmouth was and told him the great Complaint my Lord Shaftesbury had made that he failed him Sayes he I think he is mad I was so far from giving him any incouragement that I did tell him from the beginning and so did my Lord Russel there was nothing to be done by us in the Country at that time I did not then own I had seen my Lord but spake as if this were brought me by a third Person because he had not given me Liberty to tell them where his Lodging was Sayes I My Lord I shall be able to give a better account of this in a day or two Shall I convey it to my Lord that you are willing to give a Meeting Yes sayes he with all my Heart This was the Second Third or Fourth of Octobre I came to Town on Saturday and was carried to him on Monday and I suppose this was Tuesday the Second of October On Wednesday I think I went to him again but 't is not very material and told him I had been with the Duke of Monmouth and given him a punctual Account of what I had from him and the Duke did absolutely disown any such thing and told me he never did give him any incouragement to proceed that way because the Countries were not in a disposition for Action nor could be put in readiness at that time Sayes my Lord Shaftesbury 'T is false they are afraid to own it And sayes he I have reason to believe there is some artificial Bargain between his Father and him to Save one another For when I have brought him to Action I could never get him to put on and therefore I suspect him And sayes he several honest Men in the City have puzled me in asking how the Duke of Monmouth lived Sayes he they puzled me and I could not answer the Question for I know he must have his Living from the King and sayes he We have different Prospects We are for a Common-Wealth and he hath no other Design but his own personal Interest and that will not go down with My People now so he called them they are all for a Common-Wealth And then sayes he 'T is to no purpose for me to see him it will but widen the Breach and I dare not trust him to come hither Sayes I My Lord That 's a good one indeed Dare not you trust him and yet do you send me to him on this Errand Nay sayes he 'T is because we have had some Mis-understanding of late but I believe he is true enough to the Interest Sayes I 'T is a great unhappiness to take this time to Fall out and I think 't is so great a Design that
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
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
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
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
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
it ought to be undertaken with the greatest Strength and Coalition in the Kingdom Sayes he My Friends are now gone so far that they can't pull their Foot back again without going further for sayes he It hath been communicated to so many that 't is impossible to keep it from taking Air and it must go on Sayes he We are not so unprovided as you think for there are so many Men that you will find as brisk Men as any in England Besides we are to have 1000 or 1500. Horse that are to be drawn by insensible Parties into Town that when the Insurrection is shall be able to Scour the Streets and hinder them from forming their Forces against us My Lord after great inlargement upon this Head and Heads of the like nature I told him I would not leave him thus and that nothing should satisfy me but an Interview between him and the Lords No I could not obtain it But if I would go and tell them what a Forwardness he was in and that if they would do themselves Right by putting themselves upon correspondent Action in their respective Places and where their Interest lay well otherwise he would go away without them So I went again to the Duke of Monmouth I spake to him only I never spake to my Lord Russel then only we were together but I had never come to any close conjunction of Counsels in my Life with him at that time Sayes I to the Duke This Man is mad and his Madness will prove fatal to us all he hath been in a Fright by being in the Tower and carryes those Fears about him that cloud his Understanding I think his Judgment hath deserted him when he goes about with those strange sanguine Hopes that I can't see what should Support him in the Ground of them Therefore sayes I Pray will you give him a Meeting God-soe sayes the Duke with all my Heart and I desire nothing more Now I told him I had been with my Lord Shaftesbury with other Inlargements that I need not trouble your Lordship with Well sayes he pray go to him and try if it be possible to get a Meeting So I went to him and told him Sayes I This is a great unhappiness and it seems to be a great Absurdity that you are so forward to Act alone in such a thing as this Pray sayes I without any more to do since you have this Confidence to send for me let me prevail with you to Meet them and give them an Interview or else you and I must break I will no longer hold any Correspondence unless it be so Sayes he I tell you they will betray me In short he did with much importunity yield That he would come out the next Nightin a Disguise By this time it was Saturday I take it to be the sixth of October an Almanack will settle that So the next Night being Sunday and the Shops shut he would come out in a Concealment be carried in a Coach and brought to his own House which he thought then was safest I came and gave the Duke of Monmouth an Account of it the Duke I suppose conveyed the same Understanding to my Lord Russel and I suppose both would have been there accordingly to have given the Meeting but next Morning I found Collonel Romsey had left a Note at my House that the Meeting could not be that Day Then I went to the Duke of Monmouth and he had had the Account before That my Lord Shaftesbury did apprehend himself to be in some Danger in that House and that the Apprehension had occasioned him to remove but we should be sure to hear from him in two or three dayes We took it as a Waver and thought he did from thence intend to Abscond hinself from us and it proved so to me for from that time I never saw him But Capt. Walcot came to me and told me that he was withdrawn but it was for fear his Lodgeing might be discovered but he did not doubt but in a week he would let me know where his lodging was But told me within such a time which I think was 8 or 10 days there would be a Rising and I told the D. of Monmouth and I believe he told my L. Russel And we believed his Frenzy was now grown to that heigth that he would Rise immediately and put his design in execution so we endeavoured to prevent it Upon which my Lord Russel I was told and the Duke of Monmouth did force their way to my Lord Shaftsburyes and did perswade him to put off the day of his Rendezvous I had not this from my L. Russel for I had not spoke a word to him but the Duke told me my L. Russel had been with him I had indeed an intimation that he had been with him but the Duke told me says he I have not been with him but my L. Russel was having been convey'd by Col. Romsey After this day was put off it seems it was put off with this condition That those Lords and divers others should be in a readiness to raise the Country about that day Fortnight or thereabouts for there was not above a Fortnight's time given And says the Duke of Monmouth we have put it off but now we must be in Action for there 's no holding it off any longer And says he I have been at Wapping all night and I never saw a Company of Bolder and Brisker fellows in my life And sayes he I have been found the Tower and seen the Avenues of it and I do not think it will be hard in a little time to possess our selves of it But says he they are in the wrong way yet we are ingaged to be ready for them in a Fortnight and therefore says he now we must apply our selves to it as well as we can And thereupon I believe they did send into the Country and the Duke of Monmouth told me he spake to Mr. Trenchard who was to take particular care of Sommerset-Shire with this circumstance Says he I thought Mr. Trenchard had been a brisker fellow for when I told him of it he looked so pale I thought he would have swooned when I brought him to the brink of Action and said I pray go and do what you can among your acquaintance And truly I thought it would have come then to Action But I went the next day to him he said it was impossible they could not get the Gent. of the Country to stir yet L. Russel My Lord I think I have very hard measure here is a great deal of Evidence by hear-say L. Ch. Just. This is nothing against you I declare it to the Jury Mr. Att. Gen. If it please you my Lord Go on in the method of Time This is nothing against you but it 's coming to you if your Lordship will have patience I assure you L. Howard This is just in the order it was done When this was put off then they
were in a great hurry Capt Walcot had been several times with me discoursed of it But upon this disappointment they said it should be the dishonor of the Lords that they were backward to perform their parts but still they were resolv'd to go on And this had carried it to the latter end of October About the 17 th or 18 th Cap. Walcot came to me and told me now they were resolv'd positively to rise and did believe that a smart Party might perhaps meet with some Great men Thereupon I told the Duke of it I met him in the street went out of my own Coach into his told him That there was some dark intimation as if there might be some Attempt upon the Kings Person with that he strook his breast with a great Emotion of spirit said Godsoe Kill the KING I will never suffer that Then we went to the Play-House to find Sir Tho. Armstrong send him up and down the City to put it off as they did formerly it was done with that Success that we were all quieted in our minds that at that time nothing would be done But upon the day the King came from New-Market we din'd together the Duke of Monmouth was one and there we had a notion conveyed among us that some bold Action should be done that day which comparing it with the Kings coming we concluded it was design'd upon the King And I remember my L. Gray says he By God If they do Attempt any such thing it can't fail We were in great anxiety of mind till we heard the Kings Coach was come in and Sir Tho. Armstrong not being there we apprehended that he was to be one of the party for he was not there This failling it was then next determined which was the last Alarum and News I had of it to be done upon the 17 th of November the Anniversary of Queen Elizabeth and I remember it by this Remark I made my self That I fear'd it had been discovered because I saw a Proclamation a little before forbidding publick Bonfires without Leave of my Lord Mayor It made some impressions upon me that I thought they had got an intimation of our Intention and had therefore forbid that meeting This therefore of the 17 th of November being also disappointed and my L. Shaftsbury being told things were not ripe in the Country took Shipping and got away and from that time I heard no more of him till I heard he was dead Now Sir after this we all began to lye under the same Sense and Apprehensions that my L. Shaftsbury did That we had gone so far and communicated it to so many that it was unsafe to make a Retreat and this being considered it was also considered that so great an Affair as that was consisting of such infinite Particulars to be managed with so much sineness and to have so many parts it would be necessary that there should be some General Council that should take upon them the Care of the Whole Upon these thoughts we Resolved to Erect a little Caball among our selves which did consist of Six Persons and the Persons were The Duke of Monmouth my Lord of Essex my Lord Russel Mr. Hambden Jun. Algernone Sidney and my Self Mr. Attor Gen. About what time was this when you setled this Council L. Howard It would have been proper for me in the next place to tell you that and I was coming to it This was about the middle of January last as near as I can remember for about that time we did meet at Mr. Hambdens House Mr. Attor Gen. Name those that met L. Howard All the Persons I Named before that was The D. of Monmouth my L. Essex my L. Russel Col. Sidney Mr. Hambden Jun. and my Self When we met there it was presently agreed what their proper Province was which was to have a care of the Whole And therefore it was necessary some General things should fall under our Care and Conduct which could not possibly be Conducted by individual Persons The things that did Principally challenge this Care we thought were these Whether the Insurrection was most Proper to be begun in London or in the Country or both at one instant This stood upon several different Reasons It was said in the Country and I remember the D. of Monmouth insisted upon it that it was impossible to oppose a Formed well Methodiz'd and Governed Force with a Rabble hastily got together and therefore whatever Numbers could be gathered in the City would be suppressed quickly before they could Form themselves Therefore it would be better to begin it at such a distance from the Town where they might have an Opportunity of Forming themselves would not be subject to the like panick Fear as in the Town where half an Hour would convey the News to those Forces that in another half Hour would be ready to suppress them Mr. Attor Gen. Was this Determined among you all L. Howard In this manner that I tell you Why it was necessary to be done at some Reasonable distance from the Town And from thence it was likewise considered that the being so remote from the Town it would put the King upon this Dilemma that either the King would send His Forces to subdue them or not if he did He must leave the City Naked vvho being Proximi Dispositioni to Action it would give them Occasion to Rise and come upon the back of the Kings Forces if he did not send it vvould give them time to Form their Number and be better Ordered Mr. Attor Gen. My Lord We do not desire all your Discourse and Debates What was your other General thing L. Howard The Other was What Countries and Towns were the fittest and most disposed to Action and the Third What Arms were necessary to be got and how to be disposed And a Fourth which should have been indeed first in Consideration propounded by the D. of Monmouth That it vvould be absolutely Necessary to have some Common Bank of 25. or 30000 l. to Answer the Occasions of such an Undertaking Nothing was done but these things were offered then to our Consideration and we were to bring in our United Advice concerning them But the Last and Greatest was How we might so order it as to draw Scotland into a consent with us for we thought it necessary that all the Diversion should be given This was the Last Mr. Attor Gen. Had you any other Meetings L. Howard We had about Ten days after this at my Lord Russels Mr. Attor Gen. The same Persons L. How Every one of the same Persons then meeting Mr. Attor Gen. What Debates had you there L. How Then it was so far as we came to a Resolution That som Persons should be sent to my L. Argyle to settle an Understanding with him that some Messengers should be dispatcht'd into Scotland that should invite some Persons hither that were judged most able to
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
Howard something upon the Point my Lord Anglesey testified and to know what answer he makes to my Lord Anglesey L. C. Baron My Lord What say you to it that you told his Father he was a discreet Man and he needed not to Fear his Ingagement in any such thing L. Howard My Lord if I took it right my Lord Angleseys Testimony did Branch it self into Two Parts one of his own Knowledg and the other by Hear-say as to what he sayd of his own knowledg when I waited upon my Lord of Bedford and endeavoured to comfort him concerning his Son I believe I sayd the words my Lord Anglesey has given an account of as near as I can remember that I looked upon his Lordship as a Man of that Honour that I hoped he might be secure that he had not Intangled himself in any thing of that Nature My Lord I can hardly be provoked to make my own defence least this Noble Lord should Suffer so willing I am to serve my Lord who knows I can't want Affection for him My Lord I do confess I did say it for your Lordship well knows under what Circumstances we were I was at that time to out-face the thing both for my self and my Party and I did not intend to come into this Place and Act this Part. God knows how it is Brought upon me and with what unwillingness I do Sustain it but my Duty to God the King and my Country requires it but I must confess I am very sorry to carry it on thus far My Lord I do confess I did say so and if I had been to Visit my Lord Pemberton I should have say'd so There is none of those that know my Lord Russell but would speak of my Lord Russell from those Topicks of Honour Modesty and Integrity his whole Life deserves it And I must confess I did frequently say there was nothing of Truth in this and I wish this may be for my Lords advantage My Lord will you spare me one thing more because that leans hard upon my Reputation and if the Jury beleive that I ought not to be beleived for I do think the Religion of an Oath is not Tyed to a Place but receives its Obligation from the appeal we therein make to God and I think if I called God and Angels to Witness to a Fals-hood I ought not to be beleived now But I will tell you as to that your Lordship knows that very Man that was Committed was Committed for a design of Murdering the King now I did lay hold on that part for I was to carry my Knife close between the Parting and the Apple and I did say that if I were an Enemy to my Lord Russell and to the Duke of Monmouth and were called to be a Witness I must have declared in the presence of God and Man that I did not beleive either of them had any design to Murder the King I have said this because I would not walk under the Character of a Person that would be Perjured at the expence of so Noble a Persons Luc and my own Soul L. Russell My Lord Clifford L. C. Just. What do you please to ask my Lord Clifford L. Russell He hath known my Conversation for many Years L. Clifford I always took my Lord to be a very Worthy Honest Man I never saw any thing in his Conversation to make me beleive otherwise L. Russell Mr. Gore Mr. Luton Gore I have been acquainted with my Lord several years and conversed much with him in all the Discourse I had with him I never heard him let any thing fall that tended in the least to any Rising or any thing like it I took him to be one of the best Sons one of the best Fathers and one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians we had I know of no Discourse concerning this matter L. Russel Mr. Spencer and Dr. Fitz Williams Mr. Spencer My Lord I have known my Lord Russel many years I have been many Months with him in his House I never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and he had Prayers constantly twice a day in his House L. C. Just. What as to the General Conversation of his Life my Lord asks you whether it hath been sober Mr. Spencer I never saw any thing but very good very Prudent and very Vertuous L. Russel What Company did you see used to come to me Mr. Spencer I never saw any but his neâ—r Relations or his own Famely I have the honour to be related to the Family Then Doctor Fitz Williams stood up L. Russel If it please you Doctor you have been at my House several times give an account of what you know of me Dr. Fitz Williams I have had the knowledg of my Lord these Fourteen Years from the time he was Married to his present Lady to whose Father Eminent for Loyalty I had a Relation by Service I have had acquaintance with him both at Stratton and Southampton Buildings and by all the Conversation I had with him I esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands charged with L.C. J. My Lord does your Lordship call any more Witnesses L. Russel No my Lord I will be very short I shall declare to your Lordship that I am one that have always had a heart sincerely Loyal and Affectionate to the King and the Government the best Government in the world I pray as sincerely for the Kings happy and long life as any man alive and for me to go about to raise a Rebellion which I looked upon as so wicked and unpracticable is unlikely Besides if I had been inclined to it by all the observation I made in the Country there was no tendency to it What some hot-headed people have done there is another thing A Rebellion can't be made now as it has been in former times we have few great Men. I was always for the Government I never desired any thing to be redressed but in a Parliamentary and Legal way I have been always against Innovations and all Irregularities whatsoever and shall be as long as I live whether it be sooner or later Gentlemen I am now in your hands eternally my Honour my Life and all and I hope the Heats and Animosities that are amongst you will not so byass you as to make you in the least inclined to find an Innocent man guilty I call to witness Heaven and Earth I never had a design against the Kings Life in my life nor never shall have I think there is nothing proved against me at all I am in your hands God direct you Mr. Sol. Gen. My Lord and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in Conspiring the Death of the King The Overt Act that is laid to prove
consider but to see that the fact be fully proved and I see nothing that hath been sald by my Lord Russel that does invalidate our Evidence He hath produced several Witnesses persons of Honour my Lord Anglesey he tells you of a discourse my Lord Howard had with my Lord of Bedford That he told my Lord of Bedford that he needed not to fear for he had a wise and understanding Son and could not think he should be guilty of any such thing as was laid to his charge This is brought to invalidate my Lord Howard's testimony Gentlemen do but observe My Lord Howard was as deep in as any of them and was not then discovered is it likely that my Lord Howard that lay hid should discover to my Lord of Bedford that there was a Conspiracy to raise Arms and that he was in it This would have been an aspertion upon my Lord of Bedford that any such thing should have been said Mr. Edward Howard is the next and he proves That my Lord Howard used solemn protestations that he knew nothing of this Conspiracy I did observe that worthy Gentleman in the beginning of his discourse for it was pretty long said first that he had been several times tempting my Lord Howard to come over and be serviceable to the King and if he knew any thing that he would come and confess it Why Gentlemen Mr. Howard that had come to him upon these Errands formerly and had thought he had gained him I conceive you do not wonder if my Lord Howard did not reveal himself to him who presently would have discovered it for for that Errand he came But if my Lord had had a design to have come in and saved his Life he would have made his submission voluntarily and made his Discovery But my Lord tells nothing till he is pinched in his Conscience and confounded with the guilt being then in custody and then he tells the whole truth that which you have heard this day Gentlemen this hath been all that hath been objected against the Witnesses except what is said by Dr. Burnet and he says that my Lord Howard declared to him that he believed there was no Plot and laughed at it Why Gentlemen the Dr. would take it ill to be thought a person fit to be intrusted with the discovery of this therefore what he said to him signifies nothing for 't is no more than this that he did not discover it to the Dr. But the last Objection which I see there has been a great many persons of Honour and Quality called to is That 't is not likely my Lord Russel should be guilty of any thing of this kind being a man of that Honour Vertue and so little blameable in his whole Conversation I do confess Gentlemen this is a thing that hath weight in it But consider on the other hand my Lord Russel is but a man and hath his Humane frailties about him Men fall by several temptations some out of revenge some by malice fall into such offences as these are my Lord Russel is not of that temper and therefore may be these are not the ingredients here But Gentlemen there is another great and dangâ—â—ous temptation that attends people in his circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This hath been a dangerous temptation to many and many persons of Vertue have fallen into it and 't is the only way to tempt persons of Vertue and the Devil knew it for he that tempted the Patern of Vertue shew'd him all the Kingdoms of the world and said All these will I give thee if thou wilt fall down and worship me Though he be a person of Vertue yet it does not follow but his Vertue may have some weak part in him And I am afraid these temptations have prâ—vailed upon my Lord. For I cannot give my self any colour of objection to disbelieve all these Witnesses who give in their testimony I see no contradiction no correspondence no contrivance at all between them You have plain Oaths before you and I hope you will consider the weight of them and the great consequence that did attend this case the oâ—â—â—throw of the best Government in the world and the best and most unspotted Religion which must needs have suffered the greatest Liberty and the greatest Security for Property that ever was in any Nation bounded every way by the rules of Law and those kept Sacred I hope you will consider the weight of this Evidence and consider the consequences such a Conspiracy if it had taken effect might have had And so I leave it to your consideration upon the Evidence you have heard Sir Geo. Jefferies My Lord and you Gentlemen of the Jury this Cause hath detained your Lordship a long time by reason of so many Witnesses being called and the length of the defence made by the Prisoner at the Bar and if it had not been for the length I would not have injured your patience by saying any thing Mr. Sollicitor having taken so much pains in it It is a duty incumbent upon me under the circumstances I now stand to see if any thing hath been omitted that hath not been observed to you and I shall detain you with very few words Gentlemen you must give me leave to tell you 't is a Case of great consequence of great consequence to that Noble Person that now is at the Bar as well as to the King for it is not desired by the King nor by his Counsel to have you influenced in this matter by any thing but by the truth and what Evidence you have received You are not to be moved by compassion or pity the Oath you have taken is to go according to your Evidence and you are not to be moved by any insinuations that are offered by us for the King nor by any insinuations by the Prisoner at the Bar but the truth according to the Testimony given must be your Guide How far the Law will affect this Question that we are not to apply to you for for that we are to apply our selves to the Court they are the Judges in point of Law who will take so much care in their directions to you that you may be veâ—y well satisfied you will not easily be led into errour For the instances that have been puâ— I could put several others But I will take notice onely of one thing that that Noble Person at the Bar seems to object Gentlemen it is not necessary there should be two Witnesses to the self-same Fact at the self-same time but if there be two Witnesses tending to the self-same Fact though it was at several times and upon several occasions they will be in point of Law two Witnesses which are necessary to convict a man for High-Treason Gentlemen I make no doubt this thing is known to you all not onely by the Judgment of all the Judges in England
so little concern for his own life to make this Discourse his ordinary Conversation No it must be a particular Consult of Six that must be intrusted with this I tell you 't is not the Divines of the Church of England but an Independent Divine that is to be concerned in this they must be persons of their own complexion and humour For men will apply themselves to proper instruments Gentlemen I would not labour in this case for far be it from any man to endeavour to take away the life of the innocent And whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts into the Scale Gentlemen I must tell you on the other side you have Consciences Religion you have a Prince and a merciful one too consider the life of your Prince the life of his Posterity the consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving Gentlemen I must put these things home upon your Consciences I know you will remember the horrid Murder of that most pious Prince the Martyr King Charles the First How far the practices of those persons have influenced the several punishments since is too great a secret for me to examine But now I say you have the life of a merciful King you have a Religion that every honest man ought to stand by and I am sure every Loyal man will venture his Life and Fortune for You have your Wives and Children Let not the greatness of any man corrupt you but discharge your Consciences both to God and the King and to your Posterity L.C.J. Gentlemen of the Jury the Prisoner at the Bar stands indicted before you of High Treason in compassing and designing the death of the King and in declaring of it by Overt acts endeavouring to raise Insurrections and popular Commotions in the Kingdom here To this he hath pleaded Not Guilty You have heard the Evidence that hath been against him it hath been at large repeated by the Kings Counsel which will take off a great deal of my trouble in repeating it to you again I know you cannot but take notice of it and remember it it having been stated twice by two of the Kings Counsel to you 't is long and you see what the parties here have proved There is first of all Col. Romsâ—y he does attest a Meeting at Mr. Sheppard's house and you hear to what purpose he says it was the Message that he brought and the Return he had it was to enquire concerning a Rising at Taâ—nton and that he had in return to my Lord Shaftsbury was that Mr. Trenchard had failed them and my Lord must be contented for it could not be that time You hear that he does say that they did design a Rising he saith there was a Rising designed in November I think he saith the 17th upon the day of Queen Elizabeth's birth You hear he does say there was at that Meeting some discourse concerning inspecting the Kings Guards and seeing how they kept themselves and whether they might be surprized and this he says was all in order to a Rising He says that at this my Lord Russel was present Mr. Sheppard does say that my Lord Russel was there That he came into this Meeting with the Duke of Monmouth and he did go away with the Duke of Monmouth as he believes He says there was some discourse of a Rising or Insurrection that was to be procured within the Kingdom but he does not tell you the particulars of any thing he himself does not My Lord Howard afterwards does come and tell you of a great discourse he had with my Lord Shaftsbury in order to a Rising in the City of London and my Lord Shaftsbury did value himself mightily upon 10000 men he hoped to raise and a great deal of discourse he had with my Lord Shaftsbury This he does by way of inducement to what he says concerning my Lord Russel The Evidence against him is some Consults that there were by Six of them who took upon them as he says to be a Council for the management of the Insurrection that was to be procured in this Kingdom He instances in two that were for this purpose the one of them at Mr. Hambden's house the other at my Lord Russel's house And he tells you at these Meetings there was some discourse of providing Treasure and of providing Arms but they came to no result in these things He tells you that there was a design to send for some of the Kingdom of Scotland that might joyn with them in this thing And this is upon the matter the substance of the Evidence that hath been at large declared to you by the King's Counsel and what you have heard Now Gentlemen I must tell you some things it lies upon us to direct you in My Lord excepts to these Witnesses because they are concerned by their own shewing in this Design If there were any I did direct some of you might hear me yesterday that that was no sufficient exception against a mans being an Evidence in the case of Treason that he himself was concerned in it they are the most proper persons to be Evidence none being able to detect such Councils but them You have heard my Lord Russels Witnesses that he hath brought concerning them and concerning his own integrity and course of life how it has been sober and civil with a great respect to Religion as these Gentlemen do all testifie Now the Question before you will be whether upon this whole matter you do believe my Lord Russel had any design upon the Kings life to destroy the King or take away his life for that is the material part here 'T is used and given you by the King's Counsel as an evidence of this That he did conspire to raise an Insurrection and to cause a Rising of the people to make as it were a Rebellion within the Nation and to surprize the King's Guards which say they can have no other end but to seize and destroy the King and 't is a great evidence if my Lord Russel did design to seize the King's Guards and make an Insurrection in the Kingdom of a design for to surprize the King's Person It must be left to you upon the whole matter You have not evidence in this Case as there was in the other matter that was tried in the morning or yesterday against the Conspirators to kill the King at the Rye There was a direct evidence of a Consult to kill the King that is not given you in this Case this is an act of contriving Rebellion and an Insurrection within the Kingdom and to seize his Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King Upon this whole matter this is left 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
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
Birchin-Lane L. C. J. Well Chappel We have had the Ship a Month in our hands next Munday L. C. J. Is she fitted Chappel No she is not fitted L. C. J. Was she in a condition to have done any Serivce upon the Water Capt. Blague Carpenter do you hear what my Lord saies Chappel The Ship is a small Vessel about a Hundred and fifty Tun between that and an Hundred Capt. Blague My Lord ask you if she be in a Condition to do service L. C. J. Was she capable to do any service upon the Water Chappel No service at all upon the Water she could do three Weeks ago Mr. S. Jeff. A Ship of One hundred and fifty or Two hundred Tun would hold a great many People she was to lie still that was the mischief Chappel We haled her down to the Carpenter's Yard she is now in a condition to work L. C. J. Have you any more men Capt. Blague Dr. upon what account were you shipped Bellinger For New York England and Holland Capt. Blage. When were you Shipped Bellinger Seven Weeks ago L. C. J. When were you to begin your Voyage Bellinger I belonged to the Captain before he had a Ship L. C. J. But when did you reckon to begin your Voyage Bellinger That I cannot tell Capt. Blage. My Bill upon the Exchange doth specifie it Sir Jury Pray my Lord will you ask if he have any Guns aboard and how many L. C. J. What say you What Guns are there about the Ship Bellinger 14 Sr. and 4 Wooden ones L. C. J. What are they Bellinger 6 above Deck 4 in the Hold. Capt. Blage. They are Saker Guns L. C. J. Saker Capt. Blage. Yes Sr. Richard Clarke What Voyage had we Clarke New York L. C. J. Surely it doth appear that these men were Shipped a great while ago Capt. Blage. Some of them have had a dependance upon me a great while one hath depended upon me I believe Seven Months L. C. J. Have you any thing more to say Capt. Blage. No my Lord. L. C. J. Look you Gentlemen you that are of this Jury this Gentleman is indicted for conspiring the Death of the King and doing some Acts in order to it that is endeavouring to surprize the Tower and raising of men and preparing of Shipping and Guns and this on purpose to surprize the Tower That there was an evil Design a very wicked notorious Design of Siezing the Kings person and killing the King that is most certain you have heard it by a great many witnesses and it is a thing I think not to be doubted of by any The question is Whether this man be guilty of it and hath undertaken any thing in relation to it Look you you ought to have in such cases of high Treason as you have been told you ought to have two Witnesses against a person Here is two Witnesses produced one of them does speak very shrewdly to the case and tells you he had it from this person himself that he had spoken with Goodenough about this matter about surprizing the Tower and that he told him it was an easie thing to surprize the Tower and that he could do it that he had a Ship ready and he would undertake that 200 men should be ready with Morter-Pieces from Southwark-side to throw them and beat down the Tower so that it might have presently been down First Mr. Lee doth say that the Captain there at the Bar that he was oftentimes with Mr. Goodenough and Mr. Rouse and others who it is plain were in that Design both Rouse and Goodenough was and that he heard Goodenough say that the Captain had undertaken it and he says that the Captain had Discourse with Goodenough about it He says the Captain asked him in order to this what money could be raised and he told him there was 40000.1 and the Captain told him that was but a small matter the Seamen would eat up that and Goodenough told him there was a greater Bank in Holland that would be brought over So that this Evidence goes a great way But then Gentlemen you must consider whether you have another Evidence or not There is a person that you call Mate the Mate doth give a dark kind of an Evidence he does say here that he and the Captain had discourse about the way of taking the Tower and he believes it was in order to take the Tower but he does say when he heard it no Body was present but himself and he was of one opinion how the Tower might be taken that is by scaling Ladders and hand Granadoes and that the Captain was of another opinion whether it might not be better taken by Morter-Pieces thrown from Southwark-side but whether the Captain had any notice of this design of taking it he cannot tell or whether he had any acquaintance concerning it So that his Evidence does seem to be somewhat dark Whether this were sportive or a trial of their skill or whether it was a design to have Counsel and Advice one of another which way to take it I must leave it to you whether it was done with an intent and design for to find out the best way in order to the taking of it But if it were only a Discourse at large between them an endeavour to try their Judgments one with another and speaking their minds one with another in that case then this evidence doth not come home to make him guilty of the Plot of taking the Tower or taking away the Kings life He tells you he did speak of a Ball to be thrown up but whether he ever heard of the other design that Lee speaks of the first Lee Thomas Lee of throwing up a Ball by Seamen in order to the taking of the Tower he knows not Lee says the first Witness he does not know any thing whether this man at the Barr was ever acquainted with the Ball or not If upon what you have heard you believe that there are two Witnesses to prove this Gentleman at the Barr Guilty of this Design of Surprizing the Tower and Killing the King and taking the Tower in order to it in this manner then you ought to find him Guilty but if you have not two Witnesses that do testifie the thing then Gentlemen under two Witnesses a man cannot be Guilty After which the Jury withdrawing to consider of their Verdict in a short time returned and brought him Not Guilty Saturday 14 th July My Lord Russel was brought to the Barr. Cl. of Cr. VV Illiam Russel Esq hold up thy Hand which he did Thou hast been indicted for High Treason against our Soveraign Lord the King and thereupon hast pleaded Not Guilty and for they Tryal hast put thy self upon the Country which Country has found thee Guilty What canst thou say for thy self why Judgment of Death should not pass upon thee according to the Law L. Russel Mr. Recorder I should be very glad to hear the Indictment read Mr.
Gen. â—â— Lâ—rd we shall besides this now we have fixed this upon my Lord give you â—nâ—ccount that these Persons that wâ—re to Rise always took them as their Pay-masters and expected their Assistance Mr. â—est Mr Keeling and Mr. Lesgh â—r West Sworn Mr. At. Gen. That which I call you to is to know whether or no in your managery of this Plot you undâ—râ—tood any of the Lords were concâ—rned and which Mr. West My Lord As to my Lord Russell I never had any Conversation with him at all but that I have heard in this â—hat in the Inâ—â—rreâ—tion in November Mr. Ferguson and Colonel Rumsey did reliâ—me that my Lord Rusâ—ell intended to go down and take his Post in the West when Mr Trenchard had failed them L. C. Just. What is this Mr. At. Gen We have proved my Lord privy to the Consults now we go about to prove the Under-acters did know it Mr. West They always said my Lord Russell was the Man they most depended upon because he was a Person looked upon as of great Sobriety L. Russell Can I hinder People from making use of my Name To have this brought to inâ—â—uence the Gentlemen of the Jury and inâ—ame them against me is hard L. C. Just. As to this the giving Evidence by hear-say will not be Evidence what Colonel Rumsey or Mr. Ferguâ—â—n told Mr. West is no Evidence Mr. At Gen. 'T is not Evidence to Convict a Man if there were not plain Evidence before but in plainly confirms what the other Swears But I think we need no more Sir G. Jeff. We have Evidencâ— without it and will not use any thing of Garniture we will leave it as 't is we woâ—'t trouble your Lordship any further I think Mr. Attorney we have done with our Evidence L. C. Just. My Lord Russell the Kings Counsel do think to rest upon this Evidence that they have given against your Lordship I would put your Lordship in mind of those things that are material in this â—â—se and proved againâ—t your Lordship Here is Colonel Rumâ—ey does prove against your Lordship this That he was sent upon an Errand which in truth was Traiterous it was a Traiterous Errand sent from my Lord Shaftâ—bury by him to that Meeting He does Swear your Lordship was at that Meeting and he delivered his Errand to them which was to know what account could be given concerning the Design of the Insurrection at Taunton and he says your Lordship being there this return was made That Mr. Trenchard had failed them in his Undertaking in the Business and therefore my Lord Shaftsbury must be contented and sit down satisfied as to that time Mr Sheppard does likewise speak of the same time that your Lordship was there with the rest of the Persons the Duke and others That there was a Discourse concerning an Insurrection to have been made though he is not so particular as to the very Notion of it as Colonel Rumsey is as to the time they do agree L. Russell Col. Rumsey is not positive that I say'd or heard anything L. C. Just. My Lord If you will have a little Patience to hear me I will tell you what it is presses you there is this which I have mentioned and Mr. Sheppard does say there was a Paper purporting a Declaration then Read among the Company there which was to be Printed upon the Rising Setting forth the Oppressions and Greivances of the Nation And then my Lord Howard after a great dicourse concerning the many designs of my Lord Shaftsbury comes particularly to your Lordship and says that Six of you as a chosen Counsel among your selves not that you were actually chosen but as a chosen Counsel among your selves did undertake to mannage the great matter of the Insurrection and Raising of Men in order to surprize the Kings Guards and for to Rise which is a Rebellion in the Nation He says that you had severâ—l Consults concerning it I told you the several particulars of those Consults He mentioned Now it is fit for your Lordship and 't is your time to give some answer to these things L. Russell My Lord I cannot but think my self mighty unfortunate to stand here charged with so High and Hainous a Crime and that intricated and intermixed with the Treasons and horrid Practices and Speeches of other People the Kings Counsel taking all advantages and improving and heightning things against me I am no Lawyer a very unready speaker and altogether a stranger to things of this Nature and aloâ—e and without Councel Truly my Lord I am very sensible I am not so provided to make my just defence as otherwise I should do But my Lord you are equal and the Gentlemen of the Jury I think are Men of Consciences they are Strangers to me and I hope they value Innocent Blood and will consider the Witnesses they may be accounted they can't be Credible And for Col Rumsey who it's Notoriously known hath been so highly Obliged by the King and the Duke for him to be capable of such a design of Murdering the King I think no body will wonder if to save his own Life he will endeavour to take away mine neither does he Swear enough to do it And then if he did the Time by the 13 th of this King is Elapsed it must be as I understand by the Law Prosecuted withiSix Months and by the 25 E. 3. a design of Levying War is no Treason unless by some overt Aâ—â—it appear And my Lord I desire to know what Statute I am to be Tryed upon for Generals I think are not to be gone upon in these Cases L. C. Just. To the Attorney Generalâ— Mr. Attorney You hear what it is my Lord Objects to this Evidence He says that as to those Witnesses that Testify any thing concerning him above Six Months before he was Prosecuted he conceives the Act of Parliament upon which â—e takes himself to be Indicted does not extend to it for that says that within Six Months there ought to have been a Prosecution And my Lord tells you that he is advised that a design of Levying War without actual Levying of War was not Treason before that Statute Mr. At. Gen. To Satisfy my Lord He is not Indicted upon that Statute We go upon the 25 E. 3. But then for the next Objection surely My Lord is Informed wrong To Raise a Rebellion or a Conspiracy within the Kingdom is it not that which is called Levying of War in that Statute but to Raise a Number of Men to brake Prisons c. Which is not so directly tending against the Life of the King To prepare Forces to Fight against the King that is a design within that Statute to Kill the King And to design to depose the King to Imprison the King to Raise the Subjects against the King these have been setled by several Resolutions to be Within that Statute and Evidences of a design of Killing the King L. Russell My Lord
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