Debates That against doing it upon Several debates when to execute the design going down it was objected that the Guards were left here and there and they went together but very often they return'd apart and therefore it was not the safest way going down and besides nothing else being prepared it was resolved to be done coming back That then it was considered what Arms were to be provided which matter Mr. Rumbold undertook to manage and to procure some Blunderblusses some Carbines and some Pistols but as for other persons they were to provide every one for himself The Witness further added that he asked Mr. Ferguson what provision of Money he had made who answered that he should have Money when the Men were provided That there were several debates about the manner of Conveighance of the Arms to Rumbolds House but no Resolution taken Then it was considered how they should put the Design in Execution upon which it was proposed That one party was to fall upon the Coach-Horses a second upon the Coach and a third upon the Guards and that for Captain Walcot he would undertake nothing but the Guards Capt. Walcot would undertake nothing but the Guards Here Captain Walcot interrupted the Witness with an Interrogatory calling out what do you say Sir to which the Kings Evidence made answer with an Affirmative that the Prisoner at the Bar was at his Chamber and said that he vvas to command the Party of Horse that vvere to attack the Guards vvho vvere to lye perdue at Rumbolds House till the King just came dovvn upon them Being asked vvhere the Arms vvere to be carried He said to Rumbolds House vvho said he could keep them all private vvhere no body could see them till the time of Execution that there vvas a Gate vvhich he could shut upon the Guards to prevent their coming into the Rescue that Mr. Rumbold said he vvould bring them off and because it vvas dangerous for them to go the road vvay he vvould carry them over the Meadows and come in by Hackney Marsh But the way which the Prisoner at the Bar did most approve Walcot's way to get off when the business was done of was to retire within the Wall and there keep close till night as being a place which they could defend against any force for a days time and that this Resolution was taken at his Chamber Then the Witness recollecting himself told the Court there was one thing which he had omitted which was that in the first Discourse with Captain VValcot concerning the Insurrection in November the Prisoner at the Bar told him that the Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection and asked him if he would undertake to draw one telling him that he had made some Collectâ—ons toward it himself and shewed him a Paper which was a Collection of all the Passages in the Raigns of King James K. Charles the First and this King which he called Attempts to introduce Arbitrary Government and Popery taxing them with some personal Vices and concluding that the Government was Dissolved and that therefore they were free to seâ—â—le another to which the Witness made answer that such an Untertaking required Mr. West refuses to draw a Declaration an exact Knowledge in History and that he would not undertake a thing for which he was not Competent and that hereupon Captain Walcot desired him to burn the Paper vvhich he did Being asked what Meetings there were after the disappointmâ—nt He answered that when the News of the Fire came they Adjourned to his Chamber and there considered what they had to do and endeavoured to put things in a posture to see if it could be done another day To which purpose as far as he could remember they met Thursday and Friday Night But because they said the King would be at home the next day the business vvas laid aside That about a day or tvvo after he met Collonel Rumsey at the The reason why the Arms were called Swans-Quills c. Dolphin Tavern at vvhat time Mr. Keeling came in that there Collonel Rumsey vvas talking of Pistols and Blunderbusses in dovvn right English That thereupon the Witnâ—ss admonished them that it vvas a foolish thing to talk so before Drawers vvhich vvas the occasion of calling them by the Names of Swans-quills Goose-quills and Crows-quills That the next vveek the Prisoner at the Bar Mr. Goodenough Mr. Ferguson one Nâ—rton and one Ayliff met at the George and Vulture vvhere after some discourse of the late Disappointment the reason of vvhich vvas that they had not Arms in Readiness they agreed that Arms should be bought ten Blunderbusses Twenty or two and Twenty Inches in the Baâ—rel Thirty Carbines Eighteen Inches and Thirty Cases of Pistols of Fourteen Inches That the Witnâ—ss vvas ordered to provide these Arms because he could be no other way serviceable to them and could have a pretence for buying them because he had a Plantation in America That he did bespeak the said Arms and pay for them but had not his money a good while after but at length was paid Fourscore and Thirteen Guneys which was something more then the Arms cost and that he believed the Money was paid by Mr. Charleton That in case the Assassination had gone on they had designed to kill the Lord Maior and the Shâ—riffs as many of the Lieutenancy as they could get and the The Mayor Sheriffâ— c. to be killed as also the Earl of Rochâ—ster Lord Kâ—â—per Lord Hallifax Principal Ministers of State The Lord Rochester as being like to stand to the Duke's Interest The Lord Keeper because he had the Great Seal whom they also intended to hang upon the same Post that College was hang'd upon for his Death The Lord Hallifax as being one that profest himself of the Party before and turned from the Right side That Sir John Moore was to be kill'd as Sir John Moor. a Betrayer of the Rights and Liberties of the City that the Judges were to be flead and stuft and hung up in Westminster Hall and several of the Pentionary Parliament as Betrayers of the Rights of the People And that the Prisoner at the Bar was sometimes at these Meetings when these things were discoursed of though not so often as the rest That after the News of the Fire the Prisoner said that he beleived God shewed his Disappointment of these things and desired to have his Name concealed upon which Mr. Ferguson ask'd him why he should be ashamed saying that it was a glorious Action which he hoped to see publickly gratify'd by the Parliament and questioned not but the Prisoner would be fam'd for it and have Statues erected for him with the Title of Liberator Patriae The Witness farther added that when the Mayor and Sheriffs Papillion and Dubois designed Sheriffs and Ald. Cornish Mayor were killed they designed that Mr. Papillion and Dubois should
House which ranges in the same Row with Southampton House he found there the Duke of Monmouth the Earl of Essex the Lord Russel Colonel Sidney and Mr. Hambden That Mr. Hambden took upon him to open the Mr. Hambden opens the Sessions Sessions and in his Discourse recapitulated some Design that had been chiefly carryed on before by the E. of Shaftsbury before that time Dead He also took notice of the ready disposition of the minds of Men to go on with it and gave one instance of his Judgment of it That being a Design Communicated to so many there had not so much as a whisper gone about it From whence he took an Occasion to tell the rest That it was absolutely necessary that there should be some Council which should be as a Spring a little to govern the motions of the rest there being divers things which if not taken care of by particular persons the whole would miscarry That from thence the said Mr. Hambden made a Transition to some particular things which were principally to be taken care of The time when the places where and the persons by whom these things were to be carryed on which lead into a particular consideration of some of those Heads For the time that it should be shortly least the minds of Men should chil and then as to the place where whether in the City or Country or both joyntly In which some Opinions were given but not settled to any Resolution being committed to all their thoughts to Consult of afterwards They were also to consider what Magazines were to be got and with what they should be gotten and that was Money Upon which there was a considerable sum propounded to be rais'd to which purpose the Duke of Monmouth to the best of the Witnesses remembrance propounded the raising of twenty five or thirty thousand Pounds after which it was considered how this Money should be rais'd without drawing Observation and Jealousie That these were the heads then agreed upon to be afterwards considered But the Resolutions taken at present were How to make A Coalition with Scotland debated a Coalition of Counsels with Scotland for which purpose some fit Persons was to made choice of to be sent thither That these were the debates of the first Meeting That about a fortnight or three weeks after all the same Persons met again at Southampton-House at the Lord Russels where it was warmly urg'd by Mr. Hambden though at that time thought unseasonably That since they were now united into such an undertaking it could not be expected but that it would be a Question put to many of Some things unseasonably urged by Mr. Hambden them To what end all this was where they intended to terminate and into what they intended to resolve That they were Questions which he meaning Mr. Hambden met with and every one would meet with from those Persons whose asistance was to be expected and that if there were any thing of personal interest design'd there were but very few of those whose Hearts were with them but would fall off and that therefore they were to resolve themselves into such Principles as should put the Liberties and Properties of the People into such hands as should not be easily invaded by such as were intrusted with the Supream Authority of the Land and that at length it was mentioned to resolve all into the power of a Parliament That this being propounded All to be resolved into the Power of the Parliament which sounded harsh to some of the rest by Mr. Hambden sounded a little harshly to some of the rest However it was consented to that it was nothing but a publick Good which all intended That after this the Council debated about sending into Scotland and settling a Correspondency with the Earl of Argile That other Gentlemen were nam'd as the Lord Melvin Sir John Cockram and the Cambells Which Col. Sidney undertakes to send into Scotland being propounded it was offer'd by Colonel Sidney that he would take care of the Person and that he had one in his thughts whom he thought to be a fit Person Being ask'd by the Attorny General what Aaron Smith was to The Duke of Monmouth undertakes to bring up the Lord Melvin do the Witness made Answer That there was no particular deed for him more then to carry a Letter That the Duke of Monmouth undertook to bring the Lord Melvin hither because he had a particular dependency upon him but that to Sir John Cockram a Letter was to be sent under the Disguise of carrying on some business of Carolina which Letter as he thought was wrote by the Lord Russel as being personally known to him anâ— none of the rest of the Cabal Being ask'd to what purpose those Gentlemen were to come up he Answered To acquaint them how they found Scotland tempered and what Opportunities there were of putting them into a Commotion how Men might be rais'd how they would fall under Argile and also to keep time and place with England That after this he was with Colonel Sidney when he was going Col. Sidney puts a parcel of Guineys in his pocket for Aaron Smith into London at what time he took out about sixty Guineys as he thought and put them in his Pocket which he said were to give Aaron Smith but whether he gave them or not he could not tell However after that he was sent in pursuance of their debate as Colonel Sidney told him upon Inquiry and withal that he had not heard of him but once in three Weeks vvhen he Aaron Smith sent in pursâ—ance of the â—ebates vvas at New-Castle That after this his Occasions call'd him into the Country and aftervvards he vvent to the Bath The Lord Howard having thus concluded the Court demanded of Colonel Sidney vvhether he had any Questions to ask the Witness vvho reply'd that he had no Questions to ask him Upon vvhich the Attorney General reply'd Silence You knovv the Proverb After vvhich Sir Andrew Foster and Mr. Atterbury vvere called The Scotch Gentlemen prov'd to be in London to prove that the Scotch Gentlemen came up presently after Aaron Smith vvas sent and first Sir Andrew declared That about the end of the Spring or beginning of Summer Sir John Cockram Commissionary Monro and the tvvo Cambells Father and Son came up hither That he did not see the Senior Cambell but the Younger he saw upon the Day of the Lord Russels Tryal but that he saw the other two as he thought a little before the Discovery Being ask'd what they pretended to come about He made The pretence of their coming Answer That Sir John Cockram and Manro pretended they came about making a purchase in Carolina and shew'd him a Commission to that purpose from the Persons said to be concerned in the Design Being ask'd what became of those Gentlemen upon the rumour of the Plot He Answer'd That Sir John Cockram absconded
THE HISTORY OF THE Whiggish-Plot Or A brief Historical ACCOUNT OF THE Charge and Deefnce OF William Lord Russel Capt. Tho. Walcot John Rouse William Hone Captain Blague Algernoon Sidney Esq Sir Sam. Barnardiston John Hambden Esq Lawrence Braddon Hugh Speak Esq Together with an Account of the Proceedings upon the Outlawry against James Holloway and Sir Thomas Armstrong Not Omitting any one material Passage in the whole Proceeding Humbly Dedicated to his ROYAL HIGHNESS LONDON Printed by T. B. and are to be sold by Randal Taylor near STATIONERS-HALL MDCLXXXIV To the most Illustrious and Serene PRINCE James Duke of York AND ALBANY c. May it please Your Highness IT was the Design of the Author of the following Papers a Person very faithful to the Interest of the Crown to make an Humble Present of himself and them to Your Highness but being at this time under great Indisposition I was desir'd to present his Duty by Proxy and lay his Performance at Your Royal Highnesses Feet I will acknowledge to Your Highness that I am no Friend to Epitomies especially in Law where the Truth and the whole Truth is so strictly required But I look upon this to be one of the faithfullest and perfectest that ever I have seen having carefully perus'd the whole to say nothing of that Candor and Ingenuity of Temper which makes some New Discovery of it Self in every Page of the whole Work being very far from a Design of Imposing any thing False or Aggravating any thing beyond the naked Truth and abounding every where with many unquestionable Stroaks of a Courteous and Gentle Nature very fit if Honestly and Wisely managed to poyse and balance these uneven Times The irrefragable clearness of the Proof added to the Conciseness of this Author's Method will shew Your Highness at once as in a Glass the imminent Dangers the King and You have escaped and with You the Clergy the Nobility nay the Commons themselves who would most of them before this time have been Buryed in Confusion and Rolling in Blood which as in all it ought to Create a Mortal and Vatinian Hatred of those Horrid Principles by which the Enemies of this Church and Monarchy are Acted and of those Barbarous though Natural Conclusions that issue from them so more particularly in Your Royal Highness there is no doubt but the Reflection upon such Villany as this will inflame so Generous and so Loyal an Heart with an ardent Affection for that Church which long and sad Experience hath told us is to be the only true Prop and Supporter of the Crown That God would Guide Your Royal Highness by his Council and after a long and fortunate Old Age receive You into Glory is the Humble and Affectionate Prayer of May it please your Royal Highness Your Royal Highnesses most Humble Dutyfull and Obedient Servant JOHN TURNER THE HISTORY OF THE Whiggish-PLOT UPON the Discovery of the late Hellish Conspiracy which was made by Mr. Keeling upon the Twelfth of June in the Year 1683. as will at large appear upon his Evidence against Captain Walcot His Majesty set forth two Proclamations the one bearing Proclamations issu'd out against the Conspirators Date the 23d and the other the 28th of the same Month The first for the Discovery and Apprehension of Colonel John Rumsey Richard Rumbold Richard Nelthorpe Esq Nathaniel Wade Gent. Richard Goodenough Captain Walcot William Thompson James Burton and William Hone a Joyner The latter for the Apprehending of James Duke of Monmouth Ford The Names of the Conspirators Lord Grey who being Apprehended made hiâ— Escape out of the Hands of the Serjeant at Armes Sir Thomaâ— Armestrong and Robert Ferguson who was the Common Agitatour entrusted by all Parties in the several Conspiracies Besides all these several others were soon detected as the Lord Melvin Sir John Couchrane Francis Goodenough William Rumbold Joseph Elby Samuel Gibbs Francis Charleton Joseph Tyley Casteers Lobb both Non-Conformist Ministers Edward Norton John Row John Aytoss and John Atherton Several of which having notice of Warrants issu'd out for their Apprehension fled from Justice Nevertheless they did not all escape For of superiour Quality were taken the Lord Russel the Lord Howard of Escrich Colonel Sidney Mr. Hamden Jun. and the Earl of Essex who The Earl of Essex kills himself being Committed to the Tower for High Treason kill'd himself Of meaner Quality were Apprehended Mr. West Colonel Rumsey Captain Walcot and Hone the Joyner and of these the Mean persons taken Lord Howard Colonel Rumsey and Mr. West were reserved to give Evidence against the Others whose Charges and Defences together with their Confessions compleat the Body of this History Besides these also were Apprehended the Lord Brandon Mr. Booth Mr. Charleton Mr. Wildman and Mr. Trenchâ—rd and sent to the Tower who at the beginning of the following Term were admitted to give Bail for their Appearance the first Day of the next Term ensuing Upon the 27th of July came forth His Majesties Declaration concerning the Treasonable Conspiracy against His Person and Government giving an Accompt of the Principal and Main Designs of it which appear'd to be in short as follows About the beginning of October 1682. when the Heads of the Faction saw the Magistracy of London settled in Persons of Loyal Principles they fell immediately to Consult about Rising in Armes for which some thought their Party so well prepared that they could not fail of attaining their Ends when they should break out into Open Force Upon which some of the Principal Conspirators met to agree They Consult to Master the Guards and seize the Kings Person but lay that Design aside till they had settled a Correspondence to know their strength about the best way to Master the Guards and Sâ—ize His Majâ—sties Person but upon deep Consideration finding it necessary to prepare their Friends in the several Counties and the Disaffected Party in Scotland to joyn with them without which any Attempts in the City upon the Guards seem'd to be too rash they lay'd aside the Thoughts of a Present Rising and dispos'd themselves to find the safest way by Correspondence how far they might be assisted by a General Insurrection so that in all Humane Probability they might not fail of success While these Designs were forming some Villains were carrying The Assassination of the K. and D. of York Design'd on that Execrable Plot of Assassinating His Majâ—sties Person and His Royal Highness in their coming from New Market to which purpose Money was deposited but were prevented by the shortness of Time and Nâ—cessary Preparations Thereupon they Consulted about Attempting the same Villany A second design in March at His Majâ—sties going to New-Market again at His Majesties next going to New-Market in March was a Twâ—lvemonth But fearing the strength of the Guards that are usually left behind after the King's Departure and because they were not then neither sufficiently ready they agreed to
Council that should take care of the whole they resolved to erect a little Cabal among themselves consisting of six Persons which were the Duke of Monmouth the Lord Russel the Earl of Essex Mr Hampden Junior Algernoon Sidney Esq and Himself That these six Persons met about the middle of February at Mr. Hampden's House where it was agreed what their Business was which was to take care of the whole That as to particulars the things that Challenged their care should be Whether the Insurrection were most proper to be begun in London or in the Country or both in an Instant What Countries Towns were fittest most dispos'd to Actiâ—n What Armes were necessary to be got and how to be disposed How to Raise a Common Bank of 25 or 30000 l. to answer all Occasions And lastly how to order it so as to draw Scotland to consent with them it being thought necessary that all Diversion should be given That there was another Meeting of all the same six Persons ten days after at the Lord Russel's House where they came to a Resolution A Council of six erected of which the Prisoner one A second meeting at the Lord Russel's House That some Persons should be sent to the Lord Arguile to settle an Understanding with him and that some Messâ—ngers should be send into Scotland to invite some Persons hither that were judged most able to understand the State of Scotland and give an Accompt of it That the Persons agreed on were Sir John Cockrane and the Lord Melvin with one more whose Name he since understood to be Sir Campbel And that in Discourse it was refer'd to Colonel Sidney to take care of that Business That afterwards Colonel Sidney told him he had sent Aaron Smith and given sixty Guineys for his Journey Being ask'd whether he was sure the Lord Russel was at that The Lord Russel at the Meeting about Scotland and consented to it Meeting He Answered That he wish'd he could not say it Being ask'd whether he consented the Lord Howard made Answer That they did not put it to the Vote but it went without Contradiction and he so took it that all that were present gave their consent The Lord Russel being now permitted to ask the Lord Howard any Questions said That what the Lord Howard had said of him was only Hearsay That the two times they met it was upon no formed Design only to talk of News and Things in General That the Lord Howard was a Man of a voluble Tongue talk'd well was full of Discourse and they were delighted to hear him That for the Scotch Gentlemen he never saw any of them only the Lord Melvil he had seen but not upon this Accompt There the Atturney General urg'd That Aaron Smith did go into Scotland and that Campbel he went for was taken and then call'd Mr. Atterbury Mr. Atterbury swear Sir Hugh Campbel in Custody the Messenger to prove his Apprehension who being Sworn Declared That Sir Hugh Campbel was then in his Custody and that he had been by his own Confession four days in London before he was Apprehendâ—d Then Mr. West being Sworn Declared That as to the Lord Russel he never had any Conversation with him at all but that Mr. Ferguson and Mr. Rumsey told him That the Lord Russel intended to go down and take his Post in the West where Mr. Trenchard The Lord Russel the person most looked upon by the Party had fail'd them And that they always said The Lord Russel was a Man they most depended upon because he was a Person lookt upon as of great Sobriety Here the Court Declared That what Colonel Rumsey or Mr. Ferguson told Mr. West was no Evidence so that the King's Councel resolved to rest upon what they had already prov'd The sum then oâ— the Evidence against the Lord Russel was That Colonel Rumsey was sent upon a Trayterous Message by the Earl of Shaftsbury to a Meeting where his Lordship was and that the Answer was return'd his Lordship being there and that there was a Discourse at the same time of an Insurrection to be made and a Declaration read to be Printed upon the Rising seting forth the Oppressions and Grievances of the Nation and Discourse of surprising the Guards That six Persons of which his Lordship was one did erect themselves into a Council to manage the Insurrection and Raising of Men. To all this the Lord Russel made Answer That he could not but think himself mighty unfortunate to stand there Charg'd His Defence with so high a Crime and that intermix'd with the Horrid Practises and Speeches of other People while the King's Council took all advantages to heighten things against him That he was no Lawyer and a very unready Speaker and altogether a Stranger to things of this Nature That he was sensible he was not so provided as to make his Defence as otherwise he should do But that his Lordship thought the Gentlemen of the Jury were Men of Consciences that valu'd Innocent Blood and hop'd they would consider the Witnesses that they Swore to save their own Livâ—s Neither was what Colonel Rumsey Swore enough to take away his Life or if it were the time was Elapsed by the 13th of the King which limits Prosecution to Six Months Neither was the Design of Lâ—vying War Treason unless it appeared by some Overt Act as appears by the 25th of Edâ—ard the 3d. And then desiring to know upon what Statute he was Endicted it was told him by the Statute of the 25th of Edward the 3d. upon which he insisted He insists upon two Points of the Law and desires Council upon these two Points as Matter of Law and prayed to be heard by his Council whether the Treason were duly prov'd und if it were whether it were punishable by the Statute In Answer to which the Court informed him That if he were contented that the Fact should be taken as prov'd against him and desired Counsel upon what was bare Matter of Law he he should have it granted but that there could be no Matter of Law admitted but upon a Fact admitted and stated And whereas he insisted that the business aâ— Mr. Shepheard's House was sworn to only by one Witness It was Answered That if there were one Witness of one Act of Treason another of a second another of a third that manifested the same Treason it was sufficient After the Lord Russel had several times insisted upon the same The Lord Anglesey Objections and had received several undeniable Answers to the same effect the Lord Anglesey stood up who declared That upon a Visit which he gave the Earl of Bedford in his trouble for the Affliction of his Son the Lord Howard came in while he was there and to comfort the Earl us'd these Expressions My Lord you are happy in hâ—ving a wise Son and a worthy Persâ—n one that can never sure be in such a Plot as this or
Shaftsbury went into Hâ—llâ—nd That about Christmas Colonel Rumsey told him There were some Lords and Gentlemen intended to make an Insurrection That the persons were the Duke of Monmouth the Lord of Essex the Lords Howard and Russel the Prisoner at the Bar and Mr. Hampden Junior That sometime after the said Colonel told him that the said persons had altered their measures and were resolved not to venture upon an Insurrection in England till they had a Concurrency in Scotland That Mr. Nelthorp told him That the Prisoner at the Bar had Aaron Smith sâ—nt into Scotland sent Aaron Smith into Scotland and had given him a sum of Money to bear his Charges and sent Letters to some Scotch Gentlemen to invite them to Town That the Letter bore a Cant of setling business in Caâ—olina that really it was about coming up in order to the Insurrection That afterwards Mr. Smith returned and some Scotch Gentlâ—men And that Mr. Ferguson gave an Accompt of that Affair How that the Scots propos'd That if they might have 30000 l. in ready Money they would undertake to make an Insurrection in Scotland without the Concurrence of England which Proposal he said was agreed to that the Money would be soon ready and that Mr. Shepheard would return the Money That the Armes were ready bought and that the Earl of Argile would go into Scotland and head the Scots That The Earl of Argile to head the Scots when things were thus settled some difference arose about raising Money but that at last the Lord Grey offer'd to raise 10000 l. out of his own Estate if the rest would pay their proportion That then the Scots came down to less but were not comply'd with That the places for Rising were Bristol Taunton York Chester Exeter London That there had been some debates whether they should begin at London or other places and that at last it was resolv'd they should begin at London with the rest of the places That this was the Accompt of the Matter in Ge neral which he had from Mr. Ferguson who farther added That the Prisoner at the Bar and Major Wildman were very Instrumental in working of the agreement with the Scots because Mr. VVildman and the Prisoner at the Bar instrumental in working of the agreement with the Scots they could not agree upon the Declaration to be made upon the Insurrection For that the English were for a Common-wealth but that the Scotch Gentlemâ—n answered it might come fairly to it in time but that the Nobility there would not agree to it at present That as to the Prisoner himself he knew nothing of him in particular nor did ever speak with him till since the Discovery The next Witness was Colonel Rumsâ—y who declared That Col. Rumsey gives his testimony about the latter end of October or beginning of November he was desired by the Earl of Shaftsbury to go to Mr. Shepheards to know of the Gentlemen that were met there what was done about the Rising intended at Taunton Who Answered That Mr. Trenchard had fail'd them and that it must cease for that time That after that he met several times in March April and May at Mr. Wests Chamber and other places with Captain Walcot Mr. West the two Goodenoughs Mr. Bourn and Mr. VVade where they had divided the City into twenty parts of seven parts of which Mr. Goodâ—nough brought an Accompt but said nothing of the other thirteen because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection Being ask'd who he met at Mr. Shepheards He Answered There was the Duke of Monmouth the Lords Grey and Russel Who were at Mr. Shepheards Sir Thomas Armstrong Mr. Fâ—rguson and Mr. Shepheard Being ask'd who was to manage the Rising He Answered That Mr. VVest and Colonel Rumsey told him That there was Who were the Council of six a Council which where the Duke of Monmouth the Earl of Essex the Lord Howard Colonel Sidney Mr. Hambden and the Lord Russel Here Colonel Sidney press'd the Court to consider whether it were an usual thing to examin Men upon Indictments of Treason concerning him that he never saw or heard of in his Life To vvhich vvhen the Lord Chief Justice reply'd That all that Evidence did not effect him and that he likevvise told the Jury so the Prisoner Ansvver'd That hovvever it prepossessed the Jury Mr. Keeling being then call'd and Svvorn vvas demanded in Mr. Keeling Sworn gives a general testimony general vvhat he knevv of the Rising to have been last Spring vvho declared That some time the last Summer Mr. Gâ—odenough came to him and brought him three Papers number'd on the back side Of vvhich vvhen the Witness ask'd the meaning the other told him that one vvas for himself and that he vvas to deliver t'other tvvo to vvhom he could trust in the tvvo Divisions That the VVitness ask'd Mr. Goodenough vvhat the Design vvas vvho said To raise Men. That thereupon the VVitness ask'd him vvhether he Design'd a General Insurrection To which the other reply'd That if he did not if the King was taken off this would do well for then the People would know how to have recourse to a formidable Body Lastly That he had heard the said Goodenough say That Colonel Sidney whom he knew Col. Sidney had a considerable part in the Plot. not had a considerable part in the management of that Affair The Lord Howard being next Sworn and desired to acquaint the Judge and Jury what transactions there had been with the Prisoner about the Affair of a general Rising declar'd That about the middle of January last it was considered by some of those that met together That it was very necessary to an Enterprize that had then been long in hand and at that time fallen A Cabal to be set up by the Conspirators flat that it should be reviv'd by some select Cabal that should be set up to give it Life and govern its motions That the first movers of this for ought he knew were the Duke of Monmouth Colonel Sidney and himself Where it was farther agreed That they should think of some few not to exceed five or at the most seven Which agreement being at first between them three the Duke of Monmouth undertook to engage the Lord Russel and the Earl of Salisbury and the Prisoner at the The Prisoner undertakes to engage the Earl of Essex and Mr. Hambdon Bar undertook to engage the Earl of Essex and Mr. Hambden who being presently put together constituted a little Cabal of as many as were intended That between the middle and latter end of January as he the Witness was told the said Persons agreed to enter into a Conjunction of Counsels and met accordingly The first meeting of the Cabal at Mr. Hambden's House at Mr. Hambden's House whither he was also invited That when he came to Mr. Hambdens
Attorney General said He had only one piece of Evidence to give more That he was one of the Accomplices of the Lord Russel and therefore he would give in Evidence his Conviction To which purpose the Lord Howard was ask'd Whether he was not Sworn as a Witness at the Tryal of the Lord Russel who Ansering Yes The next Question was Whether in those debates there were any Reflections upon the King that he Reflections upon the Kings Misgovernment particularly for imposing upon the City had broken his Duty to which the Lord Howard Answered Not personally upon the King but upon his Misgovernment and principally that which they thought was the general disgust of the Nation their imposing upon the City at that time which was the thing then complain'd of and look'd upon as the chief Grievance Then the Copy of the Conviction being Sworn by Mr. T to be a true Copy examin'd by the Original was read Here the Attorney General rested unless the Jury desired to hear the Words of the Libel read again which they did not So that Colonel Sidnâ—y being now free to make his Defence desired The Prisoner desires to know upon what Statute he was Indicted Is Answered upon the 25th of Edward the 3d. in the first place to know upon what Statute he was Indicted to which it was Answered by the Attorney General that he was Indicted upon the Statute of the 25th of Edward the 3d. The Prisoner desired to know upon what Branch of the Statute It was reply'd Upon the first Branch for Conspiring and Compassing the Death of the King To which the Prisoner reply'd That then he conceiv'd that what came not within that Statuâ—e did not touch him and desired to know what the Witnâ—sses had Sworn against him upon that Point the Lord Chief Justice told him repeating the Attâ—rney Generals Words That he was Indicted upon the Statute of the 25th of Edward the 3d. which makes it High-Treason to Conspire the Death of the King and that the Overt Act was sufficiently set forth in the Indictment the Question was Whether 't were prov'd To which the Prisoner pleaded That they had prov'd a Paper found in his Study of Caligula and Nâ—ro and ask'd whether that He puts a Question as to his Paper were Compassing the Death of the King The Lord Chief Justice reply'd He should tell the Jury that Aswered by the Court. and told them that the Point in Law they were to receive from the Court but whether there were Fact sufficient was their Duty to consider Then Colonel Sidney undertook his Defence saying That since he was Indicted upon that Statute he was not to take notice of any other That he was Indicted for Conspiring the Death of the King because such a Paper was found in his Study That under favour he thought that would be nothing to him For that tho Sir Phillip Lloyd did ask him whether he would put his Seal to it He did not ask him till he had been in his Closâ—t and he did not know what he had put in and therefore he told him he would not do it That then came the Gentlemen upon similitude of Hands to which he Answered That it was well known what similitude of Hands was in this Age. That a Person came to him He denies the similitude of hands to be a good proof and told him but about two days before that one came to him and offer'd him to counterfeit any hand he should shew him in half an Hour and therefore he had nothing to say to those Papers Then for Point of Witness that he could not be Indicted much He alledges two Witnesses to the branch to which the Treason relates less Tryed or Condemned upon the 25th of Edward the 3d. for that by that Act there must be two Witnesses to that very Branch to which the Treason relates which must be distinguished For the Levying of War and Conspiring the Death of the King are two different things distinct in Nature and Reason and so distinguished in the Statute and therefore the Conspiring the Death of the King was Treason the other not That the 1st of Edward the 8th 12th and 5th Edw. 6. 11. did expressly say there must be two Witnesses in either of those Acts. That then there was the Lord Howard who only spoke of six Men whom he call'd a Select Council and yet Selected by no Person in the World He desir'd to know Who Selected the Lord Howard or who Selected Him That if they were Selected by no Body it was a Bull to say they were a Selectâ—d Council That if they were not Selected but Erected themselves into a Cabal then they had either Confidâ—nce in one another or found they were ne're able to assist one another in the Design But there was nothing of all that for that those six Men were Strangers one to another That for his part he never spake with the Duke of Monmouth but three times in his Life and that one time was when â—he Lord Howard brought him to the Prisoners House and couzen'd them both by telling the Duke that the Prisoner had invited him and the Prisoner that the Duke invited himself and neither true Now that such Men as those were hardly knowing one another should presently fall into a great and intimate Friendship and trust and management of such businesses as those were was a thing utterly improbable unless they were mad That he found in the Lord Howards Deposition against the Lord Russel That they were in Prosecution of the Earl of Shaftsbury's Design and yet acknowledged that the Duke of Monmouth said he was mad and that he himself said so too That therefore should they have joyned with four more in the Prosecution of the Design of a mad-Man they must be mad too Only whether the Lord Howard would have it thought he was mad because a mad-Man could not be Guilty of Treason he could not tell That the Lord Howard in his last Deposition had fix'd the two Meetings one about the middle of January and the other ten days after but that now he had fix'd the one to be the latter end of January and the other about the middle of February and that then he made it to be the Prosecution of the Lord Shaftsbury's Design but he did not find that any one there had any thing to do with the Lord Shaftsbury that for his part he had not neither had he seen his Face in two Years Then the next thing that he went upon was That The Lord Howard but one Witness what ever the Lord Howard were he was but one Witness That the Law of God and Man requir'd two Witnesses So that for one to come and speak of an Imaginary Council another of a Libel Written no Body knew when was such a thing that never could be got over That if the Law of God were that there must be He pâ—rsues his Argument for the necessity
Comparison of His Majesties Service and Safety so they were determin'd readily to expose their Lives and Fortunes in defence of His Majesties Person His Heirs and Successors and His Government as establish'd in Church and State and particularly for the Discovering Defeating and Addresses to the same purpose from all parts of England c. Destroying all such Confederacies Associations and Attempts whatsoever London having thus led the Van was seconded by Addresses of the same Nature varying only in Style and Words but altogether the same in sence not only from all Parts of England and VVales but out of Ireland and several of his Majesties distant Plantations so that the Plot instead of doing the Harm which it intended did but rather serve to winnow and seperate the Tares and Darnel from the VVheat to shew the Rancor and Malice of some few Malecontents but the universal Loyalty of Multitudes to open the Eyes of the Deluded and to rivet his Majesty deeper into the Hearts and Affections of his Subjects THE HISTORY OF THE Charge and Defence OF Captain T. Walcott THE First of the Confederates whom Justice called to an accompt from this Bold-Conspiracy was Captain Thomas Captain Waicott brought to his Tryal VValcott who was tryed at the Old Baily Sessions upon the 12. of July 1683. He was Indited for compassing and conspiring the Death of the King the Subversion His Charge of his Government and for endeavouring and intending to raise a Rebellion and general Insurrection in the Kingdom to which he pleaded not Guilty After some Exceptions the following Jury was Sworn Nicholas Charleton Christophâ—r Pitts Robert Bedingfield John Pelling VVilliam VVinbury Thomas Seaton VVilliam Rutland Thomas Short Thâ—ophilus Man John Genew John Short Thomas Nicholas This being done and the Enditement opened by the Kings Council and the Attorney General Collonel Rumsey was called and Rumsey gives his Evidence sworn and first ordered to give an Accompt of any Rising that he had heard of who thereupon declared that about the end of October or beginning of November he was with the Lord Shaftsbury late at Night who told him that the Duke of Monmouth the Lord Russel the Lord Grey and Sir Thomas Armstrong were at one Mr Shepheards House near Lumbâ—rd-Street and therefore desired me to go and know what they had done about raising Armes aâ— Taunton upon which he went and being carried up by Mr. Shepherd he received for answer that Mr. Trenchard had failed them about the men and they could proceed no farther at that time and therefore he must be contented that he went The Lord Shaftsbury pâ—â—pares for Holland to the Lord Shaftsbury and told him what they said who thereupon prepared to be gon for Holland Being ask'd what Discourse he had thereupon with the Lord Shaftsbury and what made him believe he made Preparâ—tion to be gone He Answered That my Lord should say Thâ—re was no Dependance upon those Gentlemen that met and therefore he would leave England Then proceeding in his Evidence he declared That about a fort-night or three-weeks afterwards there was a Meeting at Mr. VVest's Chamber where was Mr. VVest A Meeting at Mr. West his Chamber Mr. Goodenough and Mr. VVade together with some-body else whose Name he did not remember for Captain VValcot was then in Holland That there it was proposed That nothing was to be done by a General Rising but that there was no surer way then to take of the King and the Duke which they could Mr. Ferguson sent for out of Holland for that purpose not carry on neither without Mr. Ferguson whereupon he was writ for into Holland and that he came out of Holland upon that Letter and Captain VValcot with him That after Mr. Ferguson's coming back out of Holland there was very suddenly a Meeting again and then it was concluded That nothing was to be effected without taking off the King and the Duke or to that purpose but that Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain VValcot was there to find out Men and they could not find out Men without which Mr. Rumbold would not undertake it But that about three or four Meetings after Captain VValcot came and was resolved at Capâ— Walcot undertakes to Fight the Guards but refuses to seize the King last to joyn in the Matter but that he would not have a hand in attacking the Coach only he would command a Party that should Charge the Guards Being ask'd after what manner it was settl'd that it should be done He Answered That there were several Parties one small Party was to have Kill'd the Postilion another to Kill the Horses Mr. Rumbold with another Party to seize the Coach and Captain VValcot the Guards Being ask'd where it was to be done He say'd at Mr. Rumbold's House near Hoddâ—sdon Being ask'd for what purpose Mr. Rumbold and those other Men were to attack the Coach He made Answer To Murder the King and the Duke Being ask'd how it was Design'd to be done He Reply'd By Blunderbusses and if they miss'd by Swords Being ask'd when this was to be done He made Answer When the King was last at New-Market the Saturday before Easter Being ask'd about what time this Resolution was taken He Answered In February last Mr. Ferguson and Mr. Walcot coming to Town upon Ash-Wednesday and then was the first Meeting that the Prisoner at the Bar came in which was at Mr. West's Chamber before the King came from New-Market So that there were several Meetings afterwards at Mr. West's Chamber to Consult whether they could raise the Number they insisted upon The Witness then added That there were Notes brought by Mr. Goodenough and Mr. Rumbold of many Names to see that they might not be deceived in the Number and that at that time Captain Walcot was there and did undertake to go to Mr. Rumbold's House and as he thought did go down to the very Place Being ask'd whether there was any Number of Men insisted upon for doing the Villany He Answered That Rumboâ—d Rumbold desires 50 Men. insisted upon Fifty Men but that Captain Walcot had no perfect Number allotted him Being asked the Reason why this was not effected when the The Assassination preveâ—â—ed by the Fire the King returning soâ—ner then expected King return'd from New-Market The Witnâ—ss Answered Because the Fire hapened which brought the King sooner home from New-Market then the Men could be got ready for that the King return'd upon Tuâ—sday whereas he was not expected till Saturday That upon Intelligence of the Fire and that the King would return upon Tuesday Mr. Ferguson who then Lodg'd in Covent-Garden sent to several to come to him to see if Men could be got ready by Tuesday but it could not be done and so it was lay'd aside for that time That after this Disappointment Mr. West Mr. Goodenough and Captain Walcot had a Meeting were it was Resolved That
in Bartholomew-Lane with Rumbold VVest Goodenough and Hone the Jorner That after they had been there a little while VVest ask'd Râ—mbold Whether he heard the King would come home that Night who answered Yes he heard so to which VVest Reply'd That he believ'd he would not come home till Monday and hop'd he would not return till Saturday which was the Day appointed to go down to the Rye to meet the King and the Duke of York to which Rumbold return'd That he hop'd they would not come back till them But that then said West if they do come How many Swans Quills must you have How many Goose Quills And how many Crows Quills with Sand and Ink To which they Answer'd Six Swans Quills Twenty Goose Quills and Twenty or Thirty Crows Quills That he ask'd VVest or Rumbold or both What they intended by it Who told him That Swans Quills were Blunderbusses Goose Quills Musquets Crows Quills Pistols and Sand and Ink Powder and Bullets Which was all he could say as to the Design in General Being ask'd what he could say as to the Prisoner at the Bar He Answered That he was at the Salutation Tavern at what time Captain VValcot was there That when he came in somebody call'd him Gulick which when he was not a little startled at some one of the Company cry'd Here 's a Health to our English Gulick Upon which Mr. VVest said That Gulick in Dutch was the same as Keeling in English Adding farther That he hop'd to see Mr. Keeling at the Head of as good an Army at Waping as Gulick was at Collen Which was all he could say to the Prisoner at the Bar. Here the Prisoner ask'd the VVitnesses whether he call'd him Gulick which the VVitness deny'd but affirm'd that he was by at the same time Being ask'd upon what Motives he made the Discovery He The Motives that induc'd him to make the Discovery made Answer That sometime before the Thing was Discover'd Goodenough came to his House and that he went to Drink a Dish of Coffee with him in the Company of Richard Rumbold and his Brother VVilliam which he believed Mr. VValcot knew That when they were by themselves Mr. Goodenough pull'd out some Papers out of his Pocket and gave him one for himself That the VVitness ask'd him what he meant to which the other reply'd Proof of the Cities being divided into twenty parts That he had divided the City and Suburbs into twenty pâ—rts and that there was three Divisions adding withal That I knew the Persons better than he did and who to trust Therefore he said That one was for my self and that he would have me take to my assistance Nine or Ten Men whom I knew to be true and that then we were to go to several Persons and ask them Supposing the Papists should Rise or there should be a General Insurrection or a French Invasion Are you in a Posture of Dâ—fence That at the same time the said Goodenough told the Goodenough discloses to him the Design of Killing the King VVâ—tnâ—ss That there was a Design to Kill the King and the Duke of York which was Design'd to be at the Bull-Feast and that then those Men were to be in a readiness it being Dâ—sign'd That the Thing should be lay'd upon the Papists as a Branch of the Popish-Plot That there was also a Declaration drawing A Declaration to be drawn upon the Grievance of Chimney-Mony to invâ—aglethe common People which would relieve Poor People of that which seem'd most burthensome to them which was Chimney Money and that then the Common People would fall in with them the more readily That after he heard these things he was very much troubled in mind about them and Declared That that was the only Reason of his Discovery That he thought he did very ill in not Discovering in Regard he had no Peace nor Satisfaction nor Content nor could mind his Business nor could take that Rest which at other times he did which was the moving Cause and no other For he thought if it were a Sin in David to cut off the Hem of Sauls Garment it was much more a Sin in him to Kill the King Being ask'd whither there were any Post assign'd him and what was required of him to do He made Answer That he was in the first place to Raise some Men that he thought they look'd upon him as one that was to go down with the Men he had rais'd but he did not remember the Question vvas ask'd him Being ask'd to vvhom he made his Disâ—overy He Replyed That he offer'd it first to a Minister of the Church of England vvhom he thought too careless and therefore vvent to Mr. Peckham That from thence he vvent to the Lord of Dartmouth and from thence vvas carryed to Mr. Secretary Jenkins Being ask'd whether there were no Design to take off the Major Goodenough tells him of the Design to secuâ—e the Major and Sheriffs and secure the Tower He Aâ—rested the Lord Mayor as a Special Bâ—yliff to the Coroner Zacharius Bouâ—nâ— giving Evidence and the Sheriffs He Answered That as he was told by Mr. Goodenough there was a Design to secure the Lord Mayor and the Sheriffs as also to secure the Tower And being ask'd about Arresting the Lord Mayor He Answered That he did Arrest the Lord Mayor and did it as a Special Baliff under the Coroner being put upon it by Goodenough Here Captain Walcot being ask'd by the Court what he had to say made Answer He had nothing to say The next Witness Sworn was Zacbarius Bourne vvho being Svvorn Depos'd That he came acquainted vvith Captain VValcot by means of Mr. Ferguson that Lodg'd at his House That Mr. VVade came to him and told him He must needs meet at the Green-Dragon upon Snow-Hill where Captain Walcot was with several others and that the business was a Design to raise Men and dâ—vide the City into twenty Divisions in order to the securing His Majesty and the Duke of York and setting up the Duke of Monâ—oâ—th and that as he thought Captain Walcot was there every time That he was once at the Salutation in Lumbard-Street where it was press'd That all Expedition imaginable should be Expedition preâ—a'd at the Salutation-Tavorn made for the Raising of Men out of the twenty Divisions into which the City was to be divided but that the Agitators were not to tell their business but only under a pretence to know their Strâ—ngth if there should be Occasion or if the Papists should Rise That Mr. Goodenough brought an Accompt of between three and four Thousand Men out of those Divisions he had in Charge at what time Captain Walcot was there as also when the Discourse of securing the King and the Duke was a Foot That Captain Walcot was at three of the Consults where it Walcot at three Consults to seize the Lord Mayor c. was Design'd to seize the Lord Mayor the
Sheriffs some of the Aldermen and the Chief Ministers of State about the Town That Mr. West told him It should be his business to secure the Lord Kâ—eper whom he would call to an Accompt with all his Heart and put him in mind of Colledge But the Evidence told him That he did not caâ—e to meddle with any of his Neighbours Being ask'd whether he were employed to speak with any of Mr. West unwilling he should speak to any Ministers as Destroyers of all Designs the Non-Conformist Ministers He Answered He would have spoken to two but that Mr. West was unwilling saying The Ministers had destroyed all Designs ever since Constantine's Time He further added That upon the Monday after the Discovery they met at Colonel Tracies viz. Captain Walcot Mr. Ferguson Mr. Goodenough Mr. West Mr. Norton and the Witness and Colonel Rumsey where he left them Debating about killing Mr. Keeling to be Kill'd for Discovering Kâ—elling because he had made the Discovery That there was also some Discourse of standing to it with their Swords in their Hands which they say'd was the better way then to be Hang'd Here Captain Walcot desired that the Witness might be ask'd whether he ever heard him say any thing more or less of Assassinating the King To which the Witness answered that he did never hear him discourse of that Matter but that he had several times heard a discourse of Lopping by which was meant Taking off the King and the Duke and supposed that the Captain had been at the hearing of it too as being the Discourse of several Meetings To all which Captain Walcot made answer that he had no hand in any Design of securing the King Then was Mr. West call'd who being sworn was ordered Mr. West Sworn to tell the Court and the Jury the whole Story Thereupon he depos'd as follows That he came acquainted with the Prisoner at the Bar the last He came acquainted with the Prâ—soner by the means of Captain Walcot Summer Vacation by the means of one Mr. VVilcox who return'd his Money out of Ireland That the fair Characters they heard of one another enclin'd them to Intimacy and Freedom of Discourse That about the middle of October he observed a General Discontent in the City and was afraid there was some design in hand and being Inquisitive to know what it was he thought fit to enquire of Captain Walcot being informed That the Earl of Shaftsbury had sent for him out of Ireland That thereupon Captain Walcot told him That the Earl of Shaftsbury was likewise sending for some Scotch Gentlemen under a pretence of business in Carolina That one Morning Captain VValcot came to his Chamber and Discours'd with him concerning the Election Walcot discourses Mr. West at his Chamber of the Sheriffs carryed on as was thought contrary to Justice That thereupon he put the Question Whether the People would do nothing to secure themselves That then the Captain told him a Secret That there was a Design of an Insurrection within three VVeeks or a Month that would set us all free or worse That the Lord of Shaftsbury was engag'd in such a Design and had engag'd him in it and ask'd him Whether he would take a Command That at the same time the Captain told him to the best of his Remembrance That the Earl of Shaftsbury had another The Earl of Shaftsbury designs the Assassination as the King came from Newmarket Design upon the King and the Duke as they came from New-Market in October but that he abhorr'd any such thing as being ungenerous and would not be concern'd but only in a General Insurrection That in the Discourse of the Insurrection the Captain desired the VVitness to lend him a Suit of Silk Armour which the VVitness had bought some Years before and to bespeak him a stiff Tuck which he did but that the Plot being Discover'd the Tuck was left upon his Hands and that this was about the Ninth of November That after this he understood by Captain VValcot that Mr. Mr. Ferguson manages the Assassinattion and the Insurrection Ferguson had the management of the Assassination in October and that he was likewise acquainted with the Insurrection and was a great Man in it That among many ways proposed of killing the King and the Duke Captain VValcot told him That one was Design'd at the Lord Mayor's Feast in the Hall or upon their return home in Pauls Church-Yard or at Ludgate but that the King not Dining there the thing was wholly disappointed and that Mr. Ferguson told him the same thing Then Mr. Ferguson propos'd another way That it should be done as the King and Duke went down the River by Persons that were to lye behind some small Ships in a Hoy and so over-run their Barges or if that fail'd to break a Plank with their Blunderbusses and so sink them Another way was At the Play-House where Forty or Fifty Men were to get into the Pitt which had Blunderbusses Pistols and Swords and when the Musick struck up between the Acts should Fire upon the Box. But that this way seeming Hazardous they thought it better to do it as he came back and pitch'd upon Covent-Garden under Bedford-VVall in regard there was a Conveniency for a great many Men to Walk in the Piazza and another parcel of Men might be planted in Covent-Garden-Church-Poâ—ch and within the Rails where Horses could not come and that while the Men within the Rails Fir'd Men in the Piazza might engage the Guards while they in the Porch came down and prevented them from escaping And that all this was before Mr. Ferguson went for Holland That afterwards there was another way propounded and as he thought it was Collonel Rumsey who said that he wondred Lords and Great men who were so fond of the thing did not buy somebody an Office who should rail against the Duke of Monmouth and the whiggs and by that means get an Opportunity of Access to the Kings Person That after the Lord Shaftsbury retired into Holland Mr. Ferguson did so too and Captain Walcot Ferguson flies into Holland went with him That in the mean time the Witness met Collonel Rumsey several times and that several things were offered but nothing resolved upon That a little after Christmas there was a meeting at the Salutation in Lumbard Street where it was agreed that Mr. Ferguson should be sent for to which purpose the Witness wrote a Canting Letter to him that he should come over for his Health for that He was the only man that could manage the Affair That after his coming over there were several Meetings at the Witnesses Chamber where Mr. Ferguson He returns and meâ—ts at Mr. Wests Chamber Mr Rumbold and Mr. Goodenough undertook to provide Men for the Assassination That the Assassination was agreed to be done either upon the going to or returning back of the King from New-Market Upon which arose several
be forc'd to take the Office of Sheriffs upon them which if they refused to do they should be used as the rest and that Sir Thomas Gold Sir John Shorter or Alderman Cornish should be set up for Lord Mayor but rather Alderman Cornish as the fitter Person That being asked by the Witness what they intended to do with the Kings Natural Sons they said they were good lusty Fellows and would serve for Porters or Watermen and that for the Lady Ann they would marry her to some Country Gentleman for a Breed to keep out Forraign Pretences Being ask'd what he knew as to the Câ—ntinuâ—tion of the Rising The Design continu'd and carryed on by the Lords c. and whether it were continu'd He made Answer That about Christmas Colonel Rumsey told him there was a Design carrying on among the Lords and Great Men by whom he always understood the Duke of Monmouth the Lords Russel Grey and Howard Colonel Sidney Mr. Wildman and Mr. Hampden for an Insurrection which was Design'd to be done about March That Colonel Rumsey and he Discoursing of it the Colonel thought fit to draw up some things that were to be requir'd in behalf of the People which was done but that the Lord Russel said it was rejected in regard that all should be left to the Parliament That at the Young Devil Tavern he met with the Prisoner at Mr. Holloway proposes to try what Forces they could raise without assistance from Scotland the Bar Colonel Rumsâ—y Mr. Wade Mr. Goodenough and one Holloway a Merchant of Bristol where Mr. Holloway propos'd That since the Scotch Business was broken off they should try what Forces they could Raise here He farther added That the City was to be divided into twenty parts and every twentieth part into fourteenths and fifteenths and the Streets and Lanes were allotted out That one Principal Man was to have a twentieth part and so many Men under him and that they might not interfere one with another they bought a great Map of the City That at one of the Meetings Mr. Goodenough Reported That there were 1500 Men out of two of the Hamlets and that there were several Meetings about this Affair And being ask'd whether the Prisoner was at those several Meetings He Answered Yes and that he shew'd himself ready to act his part Being ask'd whether they met after the Discovery He Answered That on the Monday Morning next after the Discovery A Meeting after the Discovery of which he had notice upon the Sunday before he met pretty early at Captain Walcot's Lodging whether soon after came all the rest who had agreed to meet but that they Design'd to go beyond Sea But understanding the Messengers were abroad and believing the River was beset every Man shifted for himself That being thus retired they got Mr. Keeling into the City that Rumbold Discours'd him in the presence of several Persons but that Mr. Keeling wished a great many Imprecations upon himself if he had Discover'd That then after some Discourse of Killing him they propos'd to him to go out of Town which he refused That the same Night they trac'd him from place to place and finding that he was gone to the Secretaries Lodgings they took it for granted that the Discovery was made and that every Man must shift for himself That upon that Mr. Wade said That if the Duke of Monmouth would go into the West they might try a push for it still and that the Prisoner at the Bar said That he was satisfi'd God would deliver the Nation but that he Walcot satisfyed that God did not like the present Instruments but would deliver the Nation did not approve of the present Instruments Thus the sum of what was fastned upon the Prisoner was That he was at several Consults about Killing or Securing the King That he went down to Rumbold's House to view the place where it might be done with most safety and that he undertook to Fight the Guards if he might have a considerable number of Men. To this Captain Walcot Pleaded That he never was at Rumbold's House but once as he Travell'd from York by Norwich and so to London To which Colonel Rumsey Reply'd That the Prisoner did buy a Horse and said he intended to go down and to the best of his Remembrance said He was down But that he bought a Horse which cost him 20 l. for that purpose he was certain But the Prisoner still denying the Matter of Fact and Pleading that he lay Sick of the Gout all the while the King was at New-Market a Letter was produc'd under his own hand to Sir Lionel Jenkins Secretary of State purporting A Letter under his hand to Sir Lionel Jeâ—kins produced That being troubled to see himself in His Majesties Proclamation he resolv'd to lay himself at His Majesties Feet let him do with him what he pleas'd and acknowledging his Crime which he says was the first that he had Committed since his Majesties Restauration he purposed to Discover to him all that he knew Relating to England Ireland and Scotland which he supposed might be more then the Original Discoverer was able to acquaint His Majesty with And farther That if His Majesty thought fit he would follow those Lords and Gentlemen who were fled and as soon as he could would inform His Majesty what measures they intended to take next Otherwise he Resolved to give His Majesty no farther trouble but to lye at his Mercy let him do with him what he pleas'd Then Captain Richardson being Sworn made Oath That on Cpt. Walcot sends for Captain Richardson Sunday Night Captain Walcot sent for him and seemed very desirous to wait upon His Majesty and to unbosom himself to the King That Yesterday Morning his Son coming to him he sent his Clark along with him to his Father who Discovered a little Paper in his Hand which he had intended to have given to his Son which afterwards the Prisoner desired him to make no use of since he had Discovered it The Letter was to Captain Tracy his Landlord to speak to Colonel Rumsey to be tender of him and to tell him he had Ground enough to serve the King upon other Men and to speak to Mrs. West to desire the same thing of her Husband and that the last words of the Note were If you cannot be private leavè the Issue to God To the whole the Prisoner Pleaded That the Witnesses had The Prisoner pleads his being out of England made long Speeches though very little and yet too much Relating to him Of a Design to Assassinate the King and carry on a War when he was out of the Kingdom Of a Declaration drawn up at Mr. Shepherd's House and of things not being ready upon Mr. Trenchard's failing when he was in Holland That as to his undertaking to Charge the Guards when he came into England it was an improbable thing for that he knew there was no
Lord Russel asked whether he were a Freeholder of Forty Shillings a Year saying that He thought that none were allowed but such as were Freeholders To this the Court replyed that no Pannel was made in London by Frâ—eholders for that the Estates in London belonging either to the Nobility and Gentry that liv'd out of it or to Corporations London was excepted To this the Prisoner urged the Statute of the 2 of Henry 5th wherein he said it was positive that in cases of Life and Death no man should be judged but by those that have Forty Shillings a Year But the Attorney Gâ—neral not allowing the Prisoners Excâ—ption the Lord Russels Counsel were called and assigned him again by the Court Mr. Poluxfen Mr. Holt and Mr. Ward who after they had learnedly argued what they took to be the Law in that case were so fully answered by the Kings Counsel that it was adjudged by the whole Court that in case of Trâ—ason Freehold was no good Cause of Callenge However it was told him he would have as gâ—od a Jury and better then he would have had in the Country of four pound a Year Freeholders The reason of the Law being to the end no slight Persons should be put upon the Jury where the Life or Estate of a Man comes in Question but that in the City the Persons Impannelled were Men of Substance who had a great deal to lose and therefore his Lordship had the same in Effect as if a Challenge were allowed of a Freeholder And this was the Opinion of eight of the Judges being present This Dispute being over the Jury-Men were call'd and after the Prisoner had challenged one and thirty the following persons were sworn The Jury sworn John Martin William Rouse Jervas Seaton William Fashion Thomas Short George Toriano William Butler James Pickering Thomas Jeve Hugh Noden Robert Brough Thomas Oneby The Jury being thus sworn and the Indictment opened by the Kings Counsels Collonel Rumsey was first sworn who gave in Evidence That about the latter end of October or beginning of November he was at the Lord Shaftsbury's Lodgings where he lay near Wapping and that he told him there were met at one Mr. Shepheard's House the D. of M. the Lords Russel and Grey Sir Tho. Armstrong and Mr. Ferguson That his Lordship desired him to speak to them to know what Resolution they were come to about the Rising at Taunton That he went to Mr. Shepheards who carryed him up where they were and that the Answer which was then made him was That Mr. Trenchard had fail'd them and there would be no more done in the Matter at that time for that he had promised a Thousand Foot and Three Hundred Hoâ—se but could not perform it and therefore that the Lord Shaftsbury must be content That Mr. Ferguson spoke most of the Answer and that as far as he remembers the Lord Grey said something to the same purpose but that the Lord Russel and the Duke of Monmouth were present and that thereupon the Lord Shaftsbury prepared to be gone Being ask'd how long he was at Mr. Shepheards He said About a Quarter of an Hour Being ask'd what Discourse happened while he was there He Answered He was not certain whether he heard it there or whether Mr. Ferguson Reported to the Earl of Shaftsbury that they had debated it there The Witness farther added That there was some Discoursâ— by The Guards undertaken to be view'd and the Prisoner then present all the Company that was there about seeing in what posture the Guards at the Savoy and Mews were which vvas first began by Sir Thomas Armstrong and Mr. Ferguson and the business undertaken by the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong and that the Prisoner vvas there vvhen they undertook to take the vievv As to the Rising he farther added That it vvas to have been the 19th of November that it vvas determined and that he vvas The Rising to have been on the 19th of November to have gone to Bristol by the order of the Earl of Shaftsbury Being ask'd whether the Lord Russel gave his consent the Witness made Answer He did The Lord Russel being now permitted to ask the Witness what Questions he pleas'd desired to know whether he gave any Answer to the Message about the Rising The Witnesâ— Reply'd in the Affirmative That the Prisoner did speak about the Rising at Taunton And then being ask'd by his Lordship Whether he in particular gave his consent to the Rising he again confirmed what he had said before Mr. Shepheard being Sworn Declared That in October as far as he remembred Mr. Ferguson came to him in the Duke of Monmouths name and desired the conveniency of his House for him and some other Persons of Quality to meet That in the Evening came the Duke of Monmouth the Lords Grey and Russel Sir Thomas Armstrong Colonel Rumsey and Mr. Ferguson The Duke of Monmouth the Lord Grey and Sir Thomas Armstrong go to view the Guards That Sir Thomas Armstrong desired him that none of his Servants might come up but that they might be private That the Substance of their Discourse was How to surprize the Guards in order to which as far as he remembred the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong went one Night to the Mews to view the Guards That the next time they came to his House he heard Sir Thomas Armstrong say That the Guards were very remiss in â—hâ—ir places and not like Souldiers and that the thing was feasible if they had strength to do it Being ask'd whether they came in Coaches and in the Dark He Reply'd That they came in the Evening imediately one after another but he did not let them in Being ask'd whether the Prisoner were there both times He Answered Yes to the best of his remembrance Being ask'd whether there were any Coaches at his Door He A Declaration read setting forth the Gâ—evances of the Nation Answered None that he saw Being ask'd whether he remembred any Papers read at that time He Answered upon Recollecting his Memory That there was a Paper in the Nature of a Declaration setting forth the Grievances of the Nation read by Mr. Ferguson but who was present at the Reading whether all or no he could not remember particularly he could not say the Lord Russel was there at the reading it The L. Howard being next Sworn gave a long Evidence The sum of which was after he had made a Recapitulation of several Designs of the Earl of Shaftsbury that upon the Earl of Shaftsbury's withdrawing those Persons who were concern'd began to lye under the same Apprehensions that the Earl of Shaftsbury did That they had gon too far and Communicated the Design to so many that it was unsafe to make a Retreat That therefore it being considered that so great an Affair consisting of so many nice particulars could not be managed but by some general
suspected for it which may give your Lordship Reason to expect a very good Issue concerning him I know nothing against him or any Body else and therefore your Lordship may be comforted concerning him After him Mr. Edward Howard stood up who declared That Mr. Edward Howard upon serious Discourse with the Lord Howard he took it upon his Honour and his Faith That he knew nothing of any Man concern'd in the Plot and particularly of my Lord Russel whom he Vindicated with all the Honour in the World So that if the Ld. Howard had the same heart on Monday that he had on Saturday it could not be true what he Swore against the Lord Russel To which he added That he thought the Lord Russel did not only unjustly suffer but he took God and Man to Witness That he thought him the wortiest Person in the World Dr. Burnet declared That the Lord Howard was with him the Dr. Burnet Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest That he knew nothing of any Plot nor believ'd any and Treated it with great Scorn and Contempt The Lord Cavendish declared That he had the Honour to be The Lord Cavendish acquainted with the Lord Russel a long time and that he always thought him a Man of great Honour and too Prudent and Wary to be concern'd in so vile and desperate a Design as this and from which he would receive so little advantage He said he could say no more but that two or three days after the Discovery of the Plot upon Discourse about Colonel Rumsey the Lord Russel did express something as if he had a very ill Opinion of the Man and therefore it was not likely he would entrust him with such a Secret Dr. Burnet again declared That he had been for many Years last Dr. Burnet past acquainted with the Lord Russel and always judg'd him a Person of great Worth and Integrity and had declared himself with much Confidence to him and had always upon all Occasions expressed himself against all Risings and when he spoke of some People that would provoke to it he expressed himself so determin'd against that Matter that no Man could do more Doctor Thomas Cox declared That having been very much Dr. Cox with the Lord Russel of late that is to say for a Month or Six Weeks before the Plot brake out he had occasion to speak with him in Private upon these publick Matters But that he always found that his Lordship was against all manner of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary-way That he had heard him profess solemnly that he thought it would ruin the best Cause in the World to use any of those Irregular ways for preserving it and particularly that his Lordship had expressed himself concerning those two Persons the Lord Howard that he was a Man of Luxuriant parts but had the ill luck not to be much trusted by any Party and Collonel Rumsey that he knew him Little and that he had nothing to do with Him but in the Lord Shaftsbury's Business The Duke of Somerset declared that he had known the Lord The Duke of Somerset Russel for about two years and had much Conversation with him but never heard any thing from him but what was Just Honourable and Loyal Here the Gentlemen of the Jury desired to ask the Lord Howard The Jury desires the Lord Howard to answer the point testifyed by the Ld. Anglesey something upon the point the Lord Anglesey testify'd and to know what Answer he made to the Lord Anglesey Thereupon the Lord Chief Baron asked him what he said to it that he told his Father he was a Discreet Man and he need not fear his Ingagement in any such thing To which the Lord Howard answered that he confessed he did Which he doeâ— say it for he was at that time to outface the thing both for himself and his Party and did not intend to come to that Place and Act that Part. But God well knew how it was brought upon him and with what unwillingness he sustained it but his Duty to God the King and his Country required it Besides that it was upon that which every man was committed for that he took hold when he made his solemn Protestations for all that were committed for a Design of Murdering the King and so were he an Enemy to the Lord Russel and brought in a Witness against him he was bound to have declared in the Presence of God and Men that he did not think he had any Design to Murder the King After this the Lord Clifford declared That he always took the Lord Russel to be a very worthy honest man and that he never saw any thing in his Conversation to make him believe otherwise Mr. L Gore declared that he had been acquainted with Mr. L Gore the Lord Russel several Years and conversed much with him but that in all his Discourse with him he never heard any thing fall that tended in the least to any Rising or any thing like it That he took him to be one of the best Sons one of the best Fathers one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians in the Land Mr. Spencer declared that he had known the Lord Russâ—l many Mr. Spencer Years and had been much with him in his House but never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and that he had Prayers constantly twice aday in his House Doctor Fitz Williams declared That by all the Conversation of fourteen Years which he had had with the Lord Russel he ever esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands Charged with Then the Lord Russel himself made a short Conclusion wherein he declared that he had always had a Heart sincerely Loyal and Affectionate to the King and the Government the best Government in the World That he prayed as sincerely for the Kings long and happy Life as any Man alive and therefore for him to go about to raise a Rebellion which he looked upon as so wickâ—d and unpracticable was unlikely Besides that if he had been inclined to it by all the observation he had made in the Country there was no tendency to it That he was always for the Government and never desired any thing to be redressed but in a Parliamentary way That he had been always against Innovations and all Irregularities whatsoever and should be as long as he lived whither sooner or later Then applying himself to the Jury Gentlemen said He I am nâ—w in your Hands Eternally my Honour my Life and All and I hope the Heats and Animosities that are among you will not so byass you as to
make you in the least encline to find an Innocent Man Guilty I call Heaven and Earth to Witness that I never had in my Life a Design against the Kings Life I am in your Hands so God direct you The Lord Russel having thus concluded his Defence the Kings Counsel proceeded to Sum up the Evidence after which the Lord Chief Justice delivered his Charge to the Jury and so the Court adjourned till four a Clock in the Afternoon at what time the Court being met again the Jury returned and brought in the Lord Russel Guilty of the High Treason laid to his Charge THE Charge and Defence OF John Rouse UPON Fryday in the Afternoon being the 13th John Rouse brought to his Tryal of July John Rouse who had been Arraigned and Pleaded not Guilty was again brought to the Bar. His Charge was for Conspiring the Death of the King and declaring it by Overt Acts that is endeavouring to raise Men to sieze the Tower and to make an Insurrection and Rebellion within the Kingdom Before the Jury was sworn he mov'd the Court for longer time alledging that he had had no longer notice of his Tryal then since Monday Morning and that he had had no advantage of his Notice for though notice was then given him he had no Liberty of sending for any body till Wednesday and that about eight or nine a Clock on Wednesday Night one came and told him that he should have no Liberty of Counsel unless he had it from the Court so that he had not been able to get his Witnesses ready That he desired nothing but as an English-man to which the Court replied that as an English-man he could demand no time to prepare for Tryal for they that will commit Crimes must be ready to answer for them and defend themselves That 't was matter of Fact he was charged with and therefore he could not but know long ago what he was to be tryed for for he was taken up and charged with High Treason that he might then have reasonably considered what Evidence would be against him That if he were an Innocent Person he might defend himself without Question That if he had done an ill thing the Law did not design to shelter him under any Subterfuge as to prepare Witnesses to testifie an untruth for him Here the Kings Serjeant signifyed that in regard Capt. Blague Capt. Blague to be tryed seperately from Rouse did desire not to be joyned with the other that the Kings Counsel were content that Rouse should be tryed first Thereupon after several Challenges the Jury sworn were Robert Benningfield John Pelling William Winbury Theophilus Man John Short Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kemp Ed. Raddish Ed. Kemp. The Indictment being opened by the Kings Counsel Thomas Leigh was sworn But before he could speak the Prisoner excepted against him wondring with what Confidence he could He Objects against the Evidence look him in the Face at that time The Prisoner objected against him that he was a person who was sworn against by two Persons to have a hand in the Plot and that being taken up and Conscious to himself that he was Guilty of such notorious Crimes and knowing he was pretty well acquainted with him he was afraid the Prisoner would swear against him and therefore he took the boldness to swear against him first But this was not allowed to be any Objection so that the Witness being ordered to proceed delivered his Evidence That he had been concerned in the Conspiracy and knew something of it but that he believed the Prisoner knew a great deal more That Mr. Rouse took him to the Kings-head Tavern in Swithings Alley whither after some time Mr. Goodenough came there being then a Club of Men that were of the Conspiracy That he had seen Goodenough before who had acquainted him that there was apprehension of the Rights and Liberties of the People being invaded and that it was time for them to look to themselves for Popery and Arbitrary Power were designed and therefore desired to know whither he would engage in that Affair to prevent it withal he told him the City of London and Middlesex was divided into Twenty parts That he told him his Acquaintance did not lye where he liv'd but he would get a Party where his Acquaintance lay That he acquainted Rouse and Goodenough what men he had spoke to That Mr. Goodenough told him the Design was to set up the Duke of Monmouth and Kill the King and the Duke of York but that all Parties must not know it that they were to tell some People there was like to be a Forraign Invasion and ask them what readiness they were in and if they were found to be Compliant in that then they might discourse with them about the other matter That he discoursed with several men about the Affairs That Goodenough told him that Sir John Moor was to be kill'd and the Aldermen and their Houses plundered and that there Sir Johâ— Moor and several Aldermen to be kill'd would be riches enough which would serve to maintain the Army That then he acquainted Mr. Rouse with this business but that he knew of it before and told him he could raise Arms for a hundred Men but said nothing was to be done unless the Kâ—ng were seized upon saying we might remember since 41. that the King went and set up his Standard therefore said He we will sieze them that they may not set up their Standard but withal he said he was for siezing them but not for shedding of Blood That Mr. Rouse acquainted him it was a very convenient thing to have a Ball played upon Black Heath and to that end that some Sea Captains should be spoken with and said He would engage ten A Ball to be played â—â—on Black-H 〈…〉 who should manage that Affair and he that won the Ball should The T 〈…〉 to be siez take it But that when they had so done that every Captain â—hould take his Party and tell them they had other work and â—â—en go with long-Boats and Arms and seize the Tower That he acquainted Goodenough with this who ask'd him the Charge of a Golden Ball which Mr. Rouse had told him would be ten or a dozen Pound to which Goodenough reply'd That if it were forty Pound he would be at the Charge of it all That Rouse had spoke several such Discourses to several Men at the Kings-head Tavern in his hearing That he heard he was Sworn against at the Kings-head in the Company of Rouse and Goodenough and that Rouse told him he should lye at his House That Rouse cut off his Hair and went to Mr. Batemans and fetch'd him Rouse Disguises the witness a Periwigg That Rouse and he went several times to view the Tower and took Mate Lee along with them That some time before that they had appointed to meet at Waping to speak with
to the business they met about or if any one did speak of it that it was but in Jest Descending then again to the Point of the Papers he began to open the Argument of Filmer's Book alledging it was a Book of ill Fundamentals to which those Papers seemed only to be an Answer But then the Court interrupted him and admonishing him not to spend theirs nor his own time ask'd him whether he own'd the Paper vvhich when he deny'd the Court bid him to proceed to that which was pertinent Colonel Sidney insisted that he had several Points in Law particularly He insists upon several Points of Law whether Conspiring to Levy War were Treason To which the Court reply'd That there could be no doubt in Point of Law till there were a settlement in Point of Fact that if he would agree the Conspiracy they would tell him their Opinions but that they could give no Opinion in Law till the Point were stated That the Conspiracy was prov'd by one Witness and therefore if he had any thing to take off his Credibility 't was to the purpose They also allow'd him to have any part of the Papers read either to execute or explain the Treason which was imputed to him in the Libel So that at length after several Repetitions of the same Objections He calls his witnesses and a long Patience of the Court Colonel Sidney call'd his Witnesses And first The Earl of Anglesey declared That being in Company with the The Testimony of the Earl of Anglesey Earl of Bedford when the Lord Howard came to give him a visit and to comfort him in his Affliction for his Sons being taken he told him he was not to be troubl'd for that he had a discreet a wise and a vertuous Son and that he could not be in any such Plot and his Lordship might therefore well expect a good Issue of that business and he might well believe his Son secure for he believ'd he was neither Guilty nor so much as to be suspected He proceeded farther and said he knew of no such barbarous Design and could not Charge the Lord Russel with it nor any Body else The Earl of Clare declared That as for Colonel Sidney the Lord Howard did with several asseverations assert after the Colonel Of the Earl of Clare was taken That he was as Innocent as any Man breathing and us'd great Encomiums in his praise and then seem'd to bemoan his misfortune which he thought real for that he believ'd never any Man had been more engag'd to another then he was to Colonel Sidney And upon talking of some Papers that were found he said he was sure nothing could be made of any Papers of his And that this was about a Week before the Lord Howard was taken Mr. Philip Howard declared That when the Plot first broke Of Mr. Phillip Howard out he us'd to meet the Lord Howard very often at his Brothers House and that coming from White-hall one day and being ask'd what News he told him That there were abundance of People that had confess'd a Horrid Design of Murdering the King and that their Names were Colonel Rumsey West Walcot and others that were in a Proclamation That he ask'd his Lordship what he thought of the Business to which he Answer'd That he was in an amaze That he adviz'd him to lay hold upon the Opportunity to speak to the discontented Lords to joyn in an Address to the King to shew their Detestation and Abhorrence of the thing as a means to reconcile all things That the Lord Howard promis'd him to go about it but because the Earl of Essex was out of Town it went off That the next day he met the Lord Howard again at his Brothers House and being by him ask'd what News that he Answered The Lord Russel was sent to the Tower to which he reply'd Then we are all undone and desir'd him to go to the Lord Privy Seal and see whether he was to be taken up for that he doubted it was a Sham-Plot for if it were a True-Plot he should fear nothing That he refus'd to go not thinking it probable that his Lordship would resolve him such a Question but that he farther ask'd him If he were not Guilty why he would have him go to which the Lord Howard reply'd Because he fear'd 't was no True-Plot but a Plot made upon them and therefore no Man was free That he met him a third day at the same place and found him very melancholly and that asking him the reason he Answered Because Colonel Sidney was taken Upon which he ask'd him again Why he was not troubl'd the Day before for the Lord Russel who was of his Blood he reply'd Because he had that particular Obligation from Colonel Sidney that no one Man had from another Dr. Burnet declared That the Day after the Plot broke out Of Dr. Burnet the Lord Howard came to see him and upon some Discourse of the Plot with hands and eyes lifted up to Heaven protested He knew nothing of any Plot believ'd nothing of it and said he look'd upon it as a Ridiculous Thing Joseph Ducas declar'd That the next Day after the Colonel Of Joseph Ducas was taken the Lord Howard came to the Colonels House and ask'd him where Colonel Sidney was that he reply'd He was taken by an Order of the King to which his Lordship cry'd O Lord what is that for That he adviz'd him to carry all the things out of the House where they might bâ— safe That he came agaâ—n about seven a Clock at Nâ—ght and that then he told his Lordship of the Report of a Plot to Kill the King and the Duke and of a general Insurrection and of Câ—lonel Sidneys sending into Scotland to which the Lord Howard reply'd God knows he knew nothing of all that and that he was sure had Colonâ—l Sidney beâ—n concern'd in the Matâ—er he would have told him something but he knew nothing The Lord Paget declar'd That the Lord Howard was with him Of the Ld. Paget presently after the breaking out of the Plot and that he told him he was glad to see him abroad and that he was not concern'd in the Disordâ—r to which he reply'd That he had joy from several concerning it and he took it as an injury for it look'd as if he were Guilty but that he knew nothing of himself or any Body else and that though he were free in Discourse and free to go into any Company yet he had not seen any body that could say any thing of him or give him any occasion to say any thing of any body else Mr. Edward Howard declared That as soon as the Plot broke Of Mr. Edward Howard out the Lord Howard having a great Intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assur'd him under great asseverations that he could neither accuse himself nor
the Council of six the Select Council Selected by no Body to pursue the Design of the Earl of Shaftsbury Then what was it to do This was nothing by the Testimony of the Witness were he Credible he said but a few Men talking at large what might or what might not be what was like to fall out without any manner of Intention or doing any thing That they did not so much as enquire whether there were Men Arms or Ammunition That it was a War to be made by five or six Men not knowing one another nor trusting one another for which he instanc'd Dr. Cox ' Evidence at the Lord Russels Tryal Something more he said to the same purpose but concluded as to this Point that the Court was not to make any Constructive Treasons but to go according to plain proof Constructive Treaons belonging only to the Parliament as by the immediate Proviso in the Act and by several other Acts of Parliament appear'd And therefore he thought it impossible for the Jury to find the Matter for that the first Point was only prov'd by the Lord Howard who as he thought was no Body and the last concerning the Papers was only imaginary from the similitude of Hands The Prisoner having thus made his Defence the Solicitor General summ'd up the Evidence and answered all the Prisoners Objections with that Learning and Eloquence that nothing could be more convincing When he had done the Prisoner offer'd again to have spoken to the Court but it was told him that after the Kings Council had concluded the Prisoner was never admitted to say any thing more And then the Lord Chief Justice told the Jury in particular That what the Prisoner had said that was not prov'd and what the Kings Council had said of which there was no proof to make it out was not to be taken into any Consideration Then the Solicitor General desir'd one word more as well for The Solicitor Generals request to the Court in his own and Prisoners behalf his own as the Prisoners Sake That if he had said any thing that was not Law or misrepeated or misapply'd the Evidence that had been given he made it his Request to the Court to rectify those Mistakes as well in Point of Fact as in Point of Law This done the Lord Chief Justice deliver'd his Charge to the The Lord Chief Justice delivers his Charge to the Jury Jury which was so full and so clear that after he had concluded the Jury withdrawing stay'd no longer then about half an Hour in Consultation and then returning brought the Prisoner in Guilty Upon Monday November the 26th Colonel Sidney was again He is brought to receive Judgment brought up to the Bar of the Kings-Bench to receive his Sentence and being ask'd the usual Question He Pleaded first That he conceiv'd he had had no Tryal for that he was to be Tryed by his Country but he did not find his Country in the Jury that Try'd him in regard there were some of them that were not Freeholders and therefore if he had had no Tryal there could be no Judgment To which the Court reply'd That it had been the Opinion of all the Judges of England in the Case last proceeding his that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge at Common Law He then desir'd a Day and Council to argue it but it was told him It was not in the Power of the Court to do it He then desir'd the Indictment might be read again which being done he urg'd that it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law But the Court did not think it a material Objection He urg'd there was no Treason in the Papers and nothing prov'd of them to which it was answered That there was not a Line but what was Treason Next he desired that the Duke of Monmouth might be sent for and offer'd to acknowledge what ever they pleas'd if he would say there was any such thing as a Design or knew any thing of it But it was told him that was over since he had been Try'd for the Fact Upon which he put forth these words If you will He gives Offence to the Court. call it a Tryal which was ill-resented by the Court as if he went about to Arraign the Justice of the Nation Then he complain'd that the Jury were not summon'd by the Baliff but were agreed upon by the under Sheriff and others and ask'd whether that were a good Jury to which the Court made Answer That they could take notice of nothing but what was upon the Record and it appear'd that the Sheriff had made his return What he alleadg'd more was nothing but what he had urg'd The Court pronounces Judgment in his Defence upon the Point of Constructive Treason So that the Court proceeded to Judgment which was given accordingly Which Sentence being afterwards mitigated by His Majesties Grace and Favour he was upon the Day of carryed from the Tower of London to the publick Scaffold upon Col. Sidney beheaded Tower-Hill Where after a very short Preparation with little or no Ceremony he lay'd himself down and had his Head struck from his Body by the common Executioner Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech in which he was so faâ— from Repenting for the Crime which he suffer'd that he rather justify'd himself by complaining of the rigour of his Tryal and broaching those very Opinions to the subversion of Monarchy which were the Subject of those Treasonable Papers for which he was in part Condemned But the Speech has been Printed and therefore there needs no Repetition of a Matter so scandalous On the other side the Lord Brandon Mr. Booth Major Wildman The Lord Brandon Mr. Trenchard and several others discharged Mr. Charleton and Mr. Trenchard and some others that were Bail'd the last Term were then fully Discharg'd THE Charge and Defence OF John Hambden Esq THE 6th of February 1683. Term. Sancti Hillar John Hambden was Tryed before the Lord Chief Justice Jefferies upon an Indictment of High Misdemeanour for contriving and practising to disturb the Kings Peace and stirring up Sedition in the Kingdom The stress of the Evidence against the Prisoner was upon the The Lord Howards Evidence The first Meeting Lord Howards single Testimony who Swore That about the middle of Januaâ—y in the Year 1682 3. The Council of Six of which Mr. Hambden was one met at the Prisoners House where they received from his own Lips a general hint and intimation of the ends of their Meeting which were to consult and advise one with another how to put things into a better Method and posture than formerly That the Questions were started severally while one spoke of the time when it should be
Circumstaace as the other as to the Design in general laid in the Information though not equally guilty about the management For Braddon several Evidences were call'd who were all examin'd by Braddon himself Lewis asserted That one day as he was going up a Hill near Andover he heard the News of the Earl of Essâ—x's cutting his Throat and said it was upon a Fryday but what Week or Month it was only that it was in Summâ—r he could not tell Fâ—ilder being call'd asserted That at Andover the Wednesday before the Earl Murder'd himself it was all the talk of the Town that he had cut his Throat and that it was all the talk of the Town at that time though the Fâ—ct were not committed till Fryday but could not remember the Name so much as of one Person though the Town were so full of People Mrs. Edwards being call'd asserted That when Braddon came first to enquâ—re about the Boys Report they were a little startled Mrs. Edwards the Mother that thereupon the Daughter went to the Boy and told him such a Person had been there about such a thing and bid him speak the Truth Why says the Boy Will any harm come of it I can't tell said she but tell you the Truth Then said the Boy All the Story is false The Daughter young Mrs. Edwards affirm'd the same thing That the Boy did tell them such a Story at first but that afterwards Mrs. Edwards the Daughter he affirm'd it was all a Story and meerly his own Invention Being ask'd by Braddon whether she did not frighten him by threatening his Father would be turn'd out of his place she Answered No being upon her Oath Jane Loadman being Sworn deposed That she saw a hand throw a Razor out of a Window but she could not tell what Window Jane Loadman it was presently after which she heard either two shrieks or two groans she could not tell which That there were a great many people there who could not chuse but see the same but the people she did not know Being ask'd whether the Razor were thrown on the in-side of the Pales or the out-side she Answered The out-side in contradiction to the Boy who had said the in-side Then again having Sworn in Braddons Examination That she saw the Razor thrown out of the Lord of Essex's Lodgings she deny'd in Court upon her Oath that she knew where his Lodgings were In her Information she affirms she heard Go fetch up the Razor In Court she Swore She heard no Souldier speak at all And all this done in open Day when there were abundance of People there though she could not tell any particular Body Upon which the Lord Chief Justice made this Remark That it was strange that out of a hundred People which if the Girl said true were there Braddon could not satisfie himself to enquire after some of them but must pick up a Child of thirteen Years of Age to practice upon in that villainous manner Moreover by the Accompt which C. Hawley gave of his House it was impossible that the Girl could see a Coach at the Dore it was impossible there should be a Croud of people in the Yard because the Sentinel that stood at the Door must have seen all that past in and out and besides the Pales were so high that nothing could be flung over that could easily be discern'd Mrs. Barton depos'd That Braddon did engage the Boy at Mrs. Mrs. Barton Edwards's House to tell Truth and put him in mind of the 5th Chapter of the Acts but observing that after he had so talk'd thus to the Boy he was going to take Pen Ink and Paper and fearing to be drawn in for a Witness she went out of the Room Then Glasbrook being call'd who had set his Hand to Loadman's Examination or Information it was prov'd upon reading Will. Glasbrook the Information to be no more then that the Girl should say That after the Earl of Essex had Murdered himself he flung the Razor out at Window as if after he had been his own Executioner he had got to Life again and threw away the Instrument with which he did the Fact Then Smith a Barber being call'd spoke much to the same effect Upon the whole the Lord Chief Justice so clearly display'd the Contradictions of the Testimony and the Improbability of the Circumstances and so plainly trac'd them through all their Obscurities and Ambiguities that the Jury found Braddon guilty of the whole Matter Charg'd upon him in the Information and Mr. Speak guilty of all but Conspiring to procure false Witnesses Thereupon the Court set a Fine of 2000 l. upon Mr. Braddon with Order to find Sureties for his good Behaviour during Life and to be committed till the same be performed Upon Mr. Speak they set a Fine of 1000 l. with the same Order for Sureties and commitment The Charge and Defence of Sir Samuel Barnardiston Tryed for High Misdemeanour the 14th of February 1683. before the Right Honourable the Lord Chief Justice Jefferies at the Sessions of Nisi Prius for the City of London after the Term. The Names of the JVRY were Thomas Vernon Percival Gilburn Edward Bovery William Withers Sen. James Wood Robert Masters Samuel Newton George Torriano Kenelm Smith Thomas Goddard Thomas Amy Richard Blackburn THE Information against the Defendant was for Scandalising The Information and substance of the Letters and Vilifying the Evidence in the last Horrid Plot which he did in several Letters in one of which he Related the great Favour into which the Duke of Monmouth was returnd and seem'd to Triumph that all the Prisoners that were in the late Sham Protestant-Plot were Discharg'd upon Bayl that Braddon was not Prosecuted that the passing Sentence upon the Author of Julian c. and the Printer of the Lord Russels Speech were pass'd over in silence c. To which he added these Expressions 'T is generally said the Earl of Essex was Murthered The brave Lord Râ—sseâ— is afresh lamented The Plot is lost here unless you can find it in the Country among the Addressers and Abhorrers That â—he High Tories and Clergy were mortify'd and Sir George â—as grown humble This was the substance of the rest of the Letters with some alterations of Words To prove him the Author of the several Letters Mr. Brathwayt Mr. Brath-Wayt was Sworn who deposed That Sir Samuel upon the 10th of December before the King and the Lords of the Council own'd three of the Letters to be of his own hand writing Being ask'd whether Sir Samuel said they were published by him or sent to any person the Witness Answered That he did not deny but that he had publisht and sent them Mr. Atterbury being Sworn deposed That he own'd three of the Letters to be written by him and that being ask'd by His Mr. Atterbury Majesty who subscrib'd them he Answered They were subscribed by one of his Servants and so
Prâ—sâ—cution of which must be within six Months and the Indictmâ—nt within three So that if the business mentioned were six Months before his Commitment or above three before the Indictment he was not to Answer to those things That in the Case of Sir H. Vane the Sir H. Vâ—nes Case in 〈…〉 ' d. Court then said it and offer'd him that he might put in his Excâ—ptions and plead Not Guilty afterwards That if he pleaded to an erroneous Indictment and were acquitted he might be Indicted again Bills of Attaindâ—r having been upon Errors in Oririginal Indictments as that of the Duke of Somerset That as there were several things distinct in Nature distinguished by Law put together in the Indâ—ctment it was an impossible thing to make a possitive Answer to any one That if he were Charged with any particular Fact he could say He either did it or not But that in the Iâ—dictmâ—nt he found nothing specifi'd nor could he tell upon what Statute he was Inâ—icted and then he pray'd to see the Record To all his the Court made Answer That they could not let him see the Record but if he would hear it read again he might That there was no way but either to plead or demur if he thought the Indictment void which if he did he should be allow'd to make what Exceptions he pleas'd That as to what he alledged in reference to the 1 〈…〉 of this King whether he were without the time limited they were not bound to examine that before he had pleaded Till when let the Indictment be never so vitious there were no exceptions to be admitted Then the Prisoner offer'd a Parchment to the Court which he He offers a Plea in Parchment to the Court. said was a Plea But the Court advised him to consider himself and his Lâ—fe for that if he put in a Plea and the Attorney General demurr'd if his Plea were not found good his Life was gone Upon that the Colonel desired a days time to consider of it To which the Court replyed That they could not introduce new methods for any Body Here the Attorney General inform'd the Court That Mr. Williams Mr. Williams reprov'd exceeded his Commission and told the Prisoner several things for which he was reprov'd by the Lord Chief Justice Thus when the Prisoner saw he could gain nothing by contesting The Prisoner pleads not Guilty with the Court he at length pleaded Not Guilty Which when he had done he desired a fortnights time to prepare himself for his Tryal which was allowed him Next he desired a Copy of the Indictment which the Court told him they could not grant by Law Then he pray'd that Counsel might be assign'd him but that was likewise denyed him unless he could produce any Point of Law which the Court should think fit to be worth debating This drew from the Prisoner an Expostulation whether the Court would oblige him that was ignorant in the Law to raise Points in Law upon only hearing a long Indictment for things he knew nothing of To which the Lord Chief Justice reply'd That it was not the Judges but the Law that oblig'd him Therefore he was not to go away and say that they sat there to impose upon him for that they only fat to Administer the Justice of the Nation However the Court offer'd him that he might hear the Indictment read again if he desired it which at his request was done and then he was remanded back to the Tower Upon the 21st of November Colonel Sidnâ—y was brought to his The Colonel brought to hâ—s Tryal Tryal at the Kings-Bench-Bar where he first urg'd That whereas he had before desired a Copy of his Indictment and thought the Law allow'd it him he was still of the same mind and believ'd he could give a better Testimony that it was so upon the Statute of the 46 of Edward the 3d. wherein it was express'd That all People should have a Copy of the Record enumerating several Matters as well that against the King as other People which general Law was still in force He farther instanced That the Earl of Strafford had a Copy the Lord Stafford and the Lords in He urges the Earl of Staffords Case the Tower had Copies of their Indictments and therefore he thought it was never more necessary than for him whose Charge was so long and so confus'd and then offer'd a Copy of the Statute to the Court. To this the Lord Chief Justice reply'd That he remembred the Law very well however as the Court had deny'd him a Copy then so they did still notwithstanding they would deny him nothing that was Law For whereas he had alledg'd before the Case of Sr. H. Vane he gave the Prisoner to understand that it was then the Opinion of all the Judges that no Copy should be given either of the whole or any part of the Indictment Which Case he had order'd to be read in Court when his Counsel last mov'd for a Copy and thought he had thereby given them full satisfaction besides that by the Opinion of all the Judges of England the Lord Russâ—l was in like manner deny'd a Copy of his Indictment Nevertheless he had heard his Indictment read in Latin which was deny'd to Sir H. Vane and that therefore the Court had shewn him more The extraordinary savour of the Court toward him savour then perhaps in strictness they ought to have done Thereupon he order'd the Clark to proceed upon the Arraignment as not becoming the Court to spend time in Discourses to Captivate the People So that after several Challengâ—s the following persons were Sworn upon the Jury John Anger Richard White William Lynn Lawrence Wood Adam Andrews Emerie Arguise Josiah Clark George Glisby Nicholas Baxter William Reeves William Grove and John Burt. Here the Lord Chief Justice gave a caution to the Jury not to admit any persons to whisper to them with a Charge to inform the Court if any did so After this the particulars of the Matter in Evidence being first shortly opened by Mr. Dolben and enlarg'd upon by the Attorney General the Witnesses were call'd and first of all Mr. West Col. Sidney excepts against Mr. VVâ—st Upon whose appearance before he was Sworn the Prisoner urg'd That Mr. Wâ—st had confessed many Treasons and therefore desired to know whether he were pardon'd or no alledging that otherwise he could not be a good Witness But the The objection against him not allow'd Lord Chief Justice declaring That he knew no legal Objection against him and that he had been a good Witness in the Lord Russel's Tryal he was Sworn and gave in Evidence That Captain Walcot came to him in October last and told him That the Lord Shaftsbury had design'd an Insurrection in November against which he used some Arguments to diswade him That soon after he came to him again and told him the thing was wholy disappointed upon which the Earl of