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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63227	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, July 12, 13 and 14, 1683.	Walcot, Thomas, d. 1683.; Hone, William, d. 1683.; Russell, William, Lord, 1639-1683.; Rouse, John, d. 1683.; Blague, William.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex).	1683 (1683)	Wing T2265; ESTC R21861	139,903	84

Person privy to it and that I might have the better opportunity to make good my Word to his Majesty and to approve my self Your Honours most humble Servant THO WALCOT Mr. Att. Gen. Swear Capt Richardson which was done Capt. Richardson My Lord On Sunday at Night Mr. Walcot desired to speak with me and he seemed very desirable to wait upon His Majesty and unbosom himself to the King Mr. Attorney sa●d I should give him Notice to prepare himself for his Tryal which I did and told him He should want nothing to prepare himself for his Tryal Yesterday Morning his Son came and I sent my Clerk to stand between them and he had prepared this little Paper tyed close with a Thread which my Man told me he did intend to give his Son and he desired me since I had Discovered it I would make no use of it The Letter was to Captain Tracy that was his Land-lord to speak to Coll. Rumsey That he would be tender of him and tell him He had ground enough to serve the King upon other Men and also to speak to Mrs. West to desire the same thing of her Husband The last Words of the Note were If you cannot be private leave the Issue to God L. C. J. Mr. Walcot Have you any thing to say for your self against this plain Evidence Capt. Walcot My Lord They have taken a great deal of pains and made long Speeches though very little of them relating to me though too much Coll. Rumsey tells your Lordship of a Design they had to Assassinate the King and carrying on a War or something like it when I was out of the Kingdom That at Mr. Sheppard's House they drew up a Declaration and that upon Mr. Trenchard's saying things were not ready This was before I came into England and he says This was agreed at Mr. West's Chamber befo●●● came out of Holland That Rombald undertook it Then he says That after I came over I undertook to Charge the Guards while the King was Killing My Lord That was a very improbable thing for I look upon it that there is no difference between killing the King and securing his Guards These Gentlemen by what they have said do sufficiently convince the Court and all that hear them that they are sufficiently dipp'd themselves Here they Combine to take away my Life to save their own Then they tell you ' That Mr. Goodenough and Mr. Rombald brought Notes about Men that were to Assassinate the King but they do not tell your Lordship I was privy to any of these Notes nor that I knew any of them It 's in it self very improbable That I would ingage in so desperate an undertaking with Men I never saw nor heard of in my life Then he tells you That Mr. Ferguson had been at a place where I was there they inquired what Mr. Goodenough had done and withal they told you They met at my Lodging now that their meeting was ar'my Lodging was by Coll. Rumsey's appointment I knew nothing of it Most of these Meetings were by Coll. Rumsey's Appointment or Mr. Wests I accidentally came amongst them sometimes but all my business was only to hear News nothing was agitated concerning Killing the King or Levying of War more or less as I know of I must confess I did hear that there was a Design by a great many Lords and Gentlemen and others for Asserting of their Liberties and Properties but I was never in any Consultation with them or any Message to them nor I never saw one of these Lords that I know of that are said to be concerned Therefore I say 't is very improbable I should be so far concerned as they seem to represent it they met at the Five Bells they allow themselves I was not at that meeting For Mr. Keeling he does not at all Charge me What I said to Mr. West relating to the business he talks of in October last that my Lord is out of doors in point of time I pray God forgive him for what he has said I can't say more than I have L. C. J. Pray where do you live Where is your Habitation Capt. Walcot My Habitation is in Ireland my Lord. L. C. J. Pray what do you here Capt. Walcot I was invited by my Lord Shaftsbury to go Governor to Carolina L. C. J. That Design was a great while ago frustrated Capt. Walcot My Lord it was some while before I came over and so my Lord gave his Commission to another But being in England my Lord Shaftsbury invited me to go to Holland with him which I did and when he dyed I came to London I had not been here a F●rtnight but I fell ill of the Gout and that continued Three months Another thing was my Son was here and I designed to Marry him and make Provision for my younger Children My Lord I have a competent Estate I hope it is no great Crime for a man of an Estate to be here L. C. J. You confess you heard some discourse of these things What made you to frequent their company when you heard these things Capt. Wal. It was my folly to do it L. C. J. Ay but you are to understand that Folly in these Cases is Treason Capt. Walcot I conceive my Lord 't is only misprision of Treason I did hear of a great deal that these Gentlemen have said and that there would be an Insurrection but I had no hand directly or ind●rectly in it nor did it enter into my thoughts either directly or indirectly the Death of the King When some Gentlemen have talked to me of it I Abominated it and told them it was a ●candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.

should be kill'd and as many of the Lieutenancy as they could get and the Principal Ministers of State My Lord Halifax and My Lord Rochester that now is and My Lord Keeper for which they gave this Reason because he had the Great Seal and My Lord Rochester as like to stand by the Dukes Interest and my Lord Hallifax as being one that had Profest himself of the Party before and turn'd from the Right side and had put the Court upon that which otherwise they would never have Acted nor had the Courage to have done As for My Lord Keeper They said they would Hang him for the Murder of Colledge and upon the same Post Colledge had hung Sir Iohn Moor was to be Kill'd and to be hung up in Guild-hall as a betrayer of the Rights and Liberties of the City And your Lordships to be Flead and stuft and hung up in Westminster-Hall and a great many of the Pentional Parliament hanged up as Betrayers of the Rights of the People L. C. J. How was this to be done to Flea them and Stuff them Mr. West Yes I understood it so Mr. Attor Gen. At these Discourses was this Gentleman present Mr. West He was not at my Chamber so often as the rest he came not there till towards the latter end but he was there sometimes when these things were discours'd of L. C. J. But you say he did at last undertake to Fight the Guards Mr. West Yes Upon the News of the Fire says he I believe God shews his disapprobation of the thing Says Mr. Ferguson I believe he reserves them for worse Punishment Mr. Walcot said He desired to have his Name conceal'd Why says Ferguson why should you be ashamed it is a glorious Action and such an Action as I hope to see Publickly gratifyed by the Parliament and question not but you will be Fam'd for it and Statues Erected for you with the Title of Liberatores Patriae Mr. S. Jefferies What is this Ferguson Mr. West He is an Independent Parson Mr. S. Jefferies He Preached excellent Gospel Mr. West Says he I have told some Non-Conformists and they desired me to forbear but says he they are silly people that do not know how to distinguish between killing a Prince for difference in Opinion about Religion and destroying a Tyrant for preservation of the Rights and Liberties of the People He said it was an action that would make all the Princes of the World tremble and teach them to use their Subjects kindly My Lord they did design at the same time when the Mayor and Sheriffs were to be kill'd that Mr. Papillon and Mr. Dubois should be forced to take the Office of Sheriffs upon them and if they would not take it they would use them as they did the other and that Sir Thomas Gold or Sir Iohn Shorter or Alderman Cornish should be set up for Lord Mayor but rather Alderman Cornish as the fitter person I asked them further what they would do with the King 's Natural Sons Says he They are good lusty Lads I think we had as good keep them for Porters and Watermen and for my Lady Ann they had as good Marry her to some Country Gentleman for a breed to keep out Foreign Pretences Mr. S. Jeffryes I perceive they left nothing unconsidered Mr. Att. Gen. Mr. West To repeat all their passages would fill a Volume but as to the continuation of the Rising and whether it was continued Mr. West I have a great many particulars but have them not in method Mr. Soll. General Answer Questions then Mr. West When Mr. Rumbold came to Town he said he saw the King come by but with six Guards and believed he could have done it with six Men if he had been provided with Arms. This is all I can say except some little D●●course which I have not time to reduce into Method About Christmas Coll. Rumsey told me there was a Design carrying on among the Lords and great Men by whom I alwaies understood the Duke of Monmouth my Lord Russel my Lord Grey Lord Howard Coll. Sidney Major Wildman Mr. Hambden for an Insurrection and that this was designed to be done about March Coll. Rumsey and I were discoursing o● it and Coll. Rumsey thought it fit to draw up some things that we should require of them to do for the People and a Paper was drawn up but my Lord Russel said they were rejected and all should be left to the Parliament And Coll. Rumsey said The Duke was inclin'd to gratify the Parliament but the Lords about him were for Great Places and they would suffer him to do nothing Mr. S. Jeffryes Now tell us about Culing Mr. West I Dined at a Tavern with Coll. Rumsey Mr. Wade Mr. Nelthrop Mr. Goodenough Capt. Walcot and Mr. Norton Mr. S. Jeffries What was your Discourse there about Mr. W●st There was no Discourse that had any particular point Mr. Sollicitor Was there nothing of Division of the City Mr. West Sir Goodenough gave some general Account but nothing was done upon it while we were there in came Mr. Keeling to speak with Mr. Goodenough and Mr. Nelthrop and in the Gazette that day was an Account of the Insurrection at Collen and Mr. Nelthrop when he came in call'd this Man Culing What is that what do you mean says he I was then writing a Letter and told him Culing in Dutch was the s●me as Keeling in English Mr. Nelthrop took me aside Says he What will you say if I and some Friends of mine deliver the City and save the Charter and no body shall know of it till it be done but s●ys he shall not I be Hang'd for it Said I Take heed what you do no body will be Hang'd for any good thing as to the Delivering of the City There was a Treaty between the Scots and our Persons of Quality here and Coll. Sidney and Major Wildman had the management of it as I understood At last they came down to some Terms They would have had 10000 l. to buy Arms and came down at last to 5000 l. and the Earl of Argyle was to Head them but when Mr. Ferguson paid me for the Arms he told me The Scots business was quite off and Wildman and Sidney haddone ill with the Scots for after they had kept them and treated with them Two or three Monrhs they broke off because the Scots would not declare for a Commonwealth the first hour and Extirpating of Monarchy and the Family of the Stuarts and that the Scots Answer was That would be to Destroy all their Interest among the Lords and Providence might orderit so as to bring it to a Commonwealth but that was a business of time When this was broke off Mr. Ferguson told me That the Duke of Monmouth was willing to speak with me and Goodenough and some others I told him I never had nor was willing to speak with him Then he said Sir Thomas Armestrong would I told him

This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. Gen My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence Stands There is one Evidence since Christmas last L. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. C. Just. If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think t is not Punishable by that Act. I desire Counsel may be admitted upon so Nice a Point My Life Lies at Stake here 's but one Witness that speaks of a Message Sir Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell My Lord I do not think it proved I hope you will be of Counsel for me t is very hard for me that my Counsel may not speak for me in a point of Law L. C. Just. My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy says he brought a Message which I will Swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and Seven Months agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not ●tay above a quarter of an hour tasting Sherry with Mr. Sheppard L. C. Just. Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. of Cro. Whereas divers opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Uiolate the Kings Compagnion or the Kings Eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or elsewhere and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfeit the Kings Great or Privy Seal or his money and if a man bring false money into this Realm counterfeit to the money of England as the money called Lushburgh or other like to the said money of England Knowing the money to be false to Marchandise or make Payment in desceit of our said Lord the King and of his People and if a man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of ●●ise and all other Iustices designed to hear and determin being in their places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just. My Lord That which is urged against you by the Kings Counsel is this You are accused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L. Russell It is in a Poynt of Law and I desire Counsel Mr. At. Gen. Admit your Consultations and we will hear them L. C. Just. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russell has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Colonel Rumsey and my Lord Howard have Deposed whether then this be Treason we can hear your Counsel to nothing else L. Russell I do not know how to answer to it The point methinks must be quite otherwise that there should be Two Witnesses to one thing at the same time Mr. At. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russell It was to the same point Mr. At. Gen. To the general point the lopping point Sir G. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. Just. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you can't contradict them by

Testimony it will be taken to be a proof And the way you have to disprove them is to call Witnesses or by asking Questions whereby it may appear to be untrue Mr. Sol. Gen. If you have any Witnesses call them my Lord. L. Russell I do not think they have proved it But then it appears by the Statute that Levying War is Treason but a Conspiracy to Levy War is no Treason if nothing be done 't is not Levying War within the Statute There must be manifest proof of the matter of Fact not by inference Mr. At. Gen. I see that is taken out of my Lord Coke Levying War is a distinct branch of the Statute and my Lord Coke explains himself afterwards and says 't is an Assuming of Royal Power to Raise for particular purposes Just. Wythin Unless matter of Fact be agreed we can never come to argue the Law L. Russell I came in late Mr. Sol. Gen. Pray my Lord has your Lordship any Witnesses to call as to this matter of Fact L. Russell I can prove I was out of Town when one of the meetings was but Mr. Sheppard can't recollect the Day for I was out of Town all that time I never was but once at Mr. Sheppards and there was nothing undertaken of viewing the Guards while I was there Colonel Rumsey Can you Swear positively that I heard the Message and gave any Answer to it L. C. Just. To Colonel Rumsey Sir did my Lord Russell hear you when you deliver'd the Message to the Company were they at the Table or where were they Col. Rumsey When I came in they were standing at the fire-side but they all came from the fire-side to hear what I said L. Russell Colonel Rumsey was there when I came in Col. Rumsey No my Lord. The Duke of Monmouth and my Lord Russell went away together and my Lord Gray and Sir Thomas Armstrong L. Russell The Duke of Monmouth and I came together and you were standing at the Chimney when I came in you were there before me My Lord Howard hath made a long Narrative here of what he knew I do not know when he made it or when he did recollect any thing 't is but very lately that he did Declare and Protest to several People That he knew nothing against me nor of any Plot I could in the least be Questioned for L. C. Just. If you will have any Witnesses called to that you shall my Lord. L. Russell My Lord Anglesey and Mr. Edward Howard My Lord Anglesey stood up L. C. Just. My Lord Russell what do you ask my Lord Anglesey L. Russell To Declare what my Lord Howard told him about me since I was Confined L. Anglesey My Lord I chanced to be in Town the last Week and hearing my Lord of Bedford was in some Distress and Trouble concerning the Affliction of his Son I went to give him a Visit being my old Acquaintance of some 53 Years standing I believe for my Lord and I was Bred together at Mandlin-College in Oxon I had not been there but a very little while and was ready to go away again after I had done the good Office I came about but my Lord Howard came in I don't know whether he be here L. Howard Yes here I am to serve your Lordship L. Anglesey And sat down on the other side of my Lord of Bedford and he began to Comfort my Lord and the Arguments he used for his Comfort were My Lord You are happy in having a wise Son and a worthy Person one that can never sure be in such a Plot as this or suspected for it and that may give your Lordship reason to expect a very good Issue concerning him I know nothing against him or any Body else of such a Barbarous-Design and therefore your Lordship may be Comforted in it I did not hear this only from my Lord Howards Mouth but at my own home upon the Monday after for I use to go to Totteridge for fresh Air I went down on Saturday this happened to be on Friday my Lord being here I am glad for he can't forget this Discourse and when I came to Town on Monday I understood that my Lord Howard upon that very Sunday had been at Church with my Lady Chaworth My Lady has a Chaplain it seems that Preaches there and does the Offices of the Church but my Lady came to me in the Evening This I have from my Lady L. C. Just. My Lord what you have from my Lady is no kind of Evidence at all L. Anglesey I don't know what my Lord is I am acquainted with none of the Evidence nor what hath been done But my Lady Chaworth came to me and acquainted me There was some suspition Sir G. Jeff. I don't think it fit for me to interrupt a Person of your Honour my Lord but your Lordship knows in what place we stand here what you can say of any thing you heard of my Lord Howard we are willing to hear but the other is not Evidence As the Court will not let us offer hear-says so neither must we that are for the King permit it L. Anglesey I have told you what happened in my hearing Then Mr. Howard stood up L. C. Just. Come Mr. Howard what do you know Mr. Howard I must desire to say something of my Self and my Family first My Lord and I have been very intimate not only as Relations but as dear Friends My Lord I have been of a Family known to have great Respect and Duty for the King and I think there is no Family in the Nation so numerous that hath expressed greater Loyalty upon which account I improved my Interest in my Lord Howard I endeavoured upon the great Misunderstanding of the Nation if he be here he knows it to perswade him to apply himself to the King to serve him in that great difficulty of State which is known to all the World I sometimes found my Lord very forward and sometimes I soften'd him upon which Parly upon his permission and more upon my own inclination of Duty I made several Applications to Ministers of State and I can name them that my Lord Howard had a great desire of serving the King in the best way of Satisfaction and particularly in the great Business of his Brother I wonder'd there should be so much sharpness for a matter of Opinion and I told my Lord so and we had several Disputes about it My Lord I do say this before I come to the thing After this I did partly by his permission and partly by my own inclination to serve the King because I thought my Lord Howard a Man of Parts and saw him a Man that had interest in the Nation tell my Lord Feversham that I had prevailed with a Relation of mine that may be he might think opposite that perhaps might serve the King in this great Difficulty that is Emergent and particularly that of his Brother My Lord Feversham did receive it

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 ne●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 dang●●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 pr●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 o●●●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 ve●y well satisfied you will not easily be led into errour For the instances that have been pu● 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