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
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
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
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
heard which seemed to contradict the Inquisition That some time after being at a Coffee-Housâ— Braddon and Edwards came to him and there they began to talk and Edwards said that Braddon had been with his Child to examine him to bear Testimony about flinging the Razor out of the Window upon the Report which the Boy had made out upon which he adviz'd them to forbear talking any farther about the Matter for that it might do Braddon and Edwards both an Injury Edwards Swore that he heard the Report first from his Family Edwards's Evidence and that afterwards the Boy confirmed the Truth of it but afterwards he heard the Boy had denyed it which was after Braddon had been there to enquire concerning it Then he Swore that Braddon came to him again and that then he had got a note dictated by himself and not by the Boy which being tendered to the Boy the Boy refused to put his hand to it Upon which Mr. Braddon came again another time though he was told the Boy had deny'd it and then the Boy did set his hand to it Withal he said the Boy was us'd to tell Lyes very often which his Family told him also and that more especially to make Excuses when he played Truant The Boy being put upon his Oath with all the tenderness and The Boy upon his Oath admonitions that could be us'd Swore positively That he told his Mother and Mr. Braddon what he had Reported concerning the Razor was true at first but when his Sister bid him be sure to tell nothing but what was Truth then he said Truly it was not Truth He farther Swore That Mr. Braddon offer'd him a Paper to Sign but he would not Sign it and being ask'd the Question why he would not He Answered Because it was not true and being ask'd whether Braddon had notice of this both the Mother and Sisters all Swore That Braddon had notice that the Boy had denyed it The Boy deny'd also upon his Oath That he had ever say'd He was going to see the Lord Gerard of Brandon's Lodgings though Braddon had put it into the Paper which he made him Sign He farther Swore That Mr. Braddon came to him a second time after he had refus'd and that then it was that Mr. Brandon imposing upon him and pretending there was no harm to him but that if there were it would redound to Braddon himself he was then prevail'd upon to put his Name to that which was notoriously false Dr. Hawkins's Son of the Tower deposed That he likewise D. Hawkins his Sons Testimony played Truant that Morning that upon the Report of the Earl of Essex's having cut his Throat he went back to the Tower and was there a considerable time gaping among the People and that he saw Edwards's Boy there that he was there all the time he was there that they went out of the Tower together and that there was no such thing nor any grounds for such a Report Mr. Brathwayt who was present when Mr. Braddon was before Mr. Brathwayt the King deposed That the Boy and the Girl were fetch'd and all Persons examin'd and that after this it was told him That all that the Boy had said was false and by his Faith it was a Lye That Braddon confessed he would have got some Justices of the Peace to have examin'd the Boy and to that purpose apply'd himself to Sir Robert Clayton and Sir John Lawrence but because they would not do it privately he would not let them do it at all That the right Words of one of the Sisters being examin'd before the King to the best of his remembrance was That Braddon compell'd the Boy to Sign it Mr. Monstevens depos'd That Mr. Braddon came to him and shew'd him the Boys Information which he read and thereupon by way of caution told him That he wonder'd Sir H. Capel did not appear in a Matter of that Moment To which Braddon reply'd That Sir H. Capel was ill and could not come himself But being told that Sir H. Capel was not so ill but that he had been with the Earl of Sunderland and the King too since the Death of the Earl of Essex he made no Answer only that he did it out of the Duty he ow'd to the Memory of the Lord of Essex Sir H. Capel upon Oath declar'd That Mr. Braddon came to Sir H. Capel him to tell him he had some Discovery to make concerning the Death of the Earl of Essex to whom Sir Henry reply'd That if he had any thing of that Nature he should go to a Secretary of State Mr. Beech being Sworn deposed That when he was seiz'd in Mr. Beech's deposition the Country by the Warrant of one Mr. Aires there was found about him severel Informations of his own contriving as of Edwards's Boy of the little Girl Lodeman a Lâ—tter from one Burgess a Pinmaker in Marleborough to the Post-Master of Froom to this effect Pray call to mind such a business of a Report of my Lord The substance of Burgess's Letter of Essex's cutting his Throat upon Fryday the 13th of July last Pray recollect your self and impart it to this Bearer In this Letter it appeared That Mr. Burgess had put it in his Letter the 6th of June but upon Mr. Braddons telling him that he had mistaken it must be the 13th the same Burges's accordingly interlin'd the 13th of July to make it humour the Story Against Mr. Speak there was no other Evidence than the Letter Speak's Letter which was taken out of Braddons Pocket in the Country directed to Sir Robert Atkins and by Mr. Brathwayt Sworn to have been own'd by Mr. Speak himself before the King and Council The substance of which was That Braddon a very Honest Gentleman the Prosecutor of the Murder of the Earl of Essex had made a considerable Discovery of it notwithstanding the hard stream he ran against That he had sent him his Man for fear he should be stabb'd or knockt in thâ— head in those Parts and desired Sir Robert ' s advice how he should proceâ—d admonishing him withal to call him by the Name of Johnson Then going on in the first Person Plural we hope said he to bring on the Earl of Essex's Murder to a Tryal before thâ—y can any of thâ—se in the Tower c. We labour under many difficulties as the Tide runs at presâ—nt c. To this the chief of Mr. Speaks Defence was That he wrote the Letter at such a time at Night after he had been at the Tavern His Defence that he knew not well what he wrote That he knew nothing but what he had from Braddon and that he was no otherwise concern'd or knew any of the Matter So that the Lord Chief Justice left it to the Jury whether they believ'd he had written the Letter with a Design to have the Lye spread abroad for that then he was as guilty in every
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
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
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
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
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
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
any Man living That he told him moreover That there were certain Persons of Quality whom he was very much concern'd for that they should be so much reflected upon or troubl'd and condol'd their Condition very much both before and after That upon Discourse at another time which he had omitted at the Lord Russels Tryal by reason of the reproof that was accidentally given him upon Discourse of the Plot the Lord Howard assur'd him That it was certainly a Sham even to his knowledge too black for any Minister of publick Employment to have devis'd but that it was forg'd by People in the Dark such as Jesuits and Papists and that it was in his Conscience That thereupon he adviz'd him to make an Address to the King under his hand to testify his abhorrency of the Thing Then being ask'd by his Lordship to whom he should apply himself he pitch'd upon the Lord Hallifax and going to him told him that the Lord Howard was willing to set it under his hand his detestation of the Plot and that there was no such thing to his knowledge but that upon the Lord Russels being taken the thing was laid aside Mr. Blake declar'd That about six Weeks since the Lord Howard Of Mr. Blake sent for him to come and see him That he went upon Discourse of News he told the Lord Howard That he heard no body had their Pardon but he that first Discover'd the Plot to which the Lord Howard Answered No but that he had a Warrant for it and that he had their Word and Honour for it but he would do nothing in it till he had farther Orders That he heard nothing of it and could Ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over Grace Tracey declar'd That the Lord Howard protested he Of Grace Tracy knew nothing of a Plot and that he was sure Colonel Sidney knew nothing of it And farther added That if he had known any thing of it he must needs have known of it for that he knew as much of his Concerns as any one in the World and took God to Witness of his Protestation Elizabeth Penwick declared That the Lord Howard ask'd for Of Elizabeth Penwick him and they said he was taken away by a Man to the Tower for a Plot upon which he took God to Witness that he knew nothing of it neither did the Colonel but said it was only Malice desiring withal that the Colonels Plate might be sent to his House to be secur'd Then one Mr. Wharton stood up and offer'd to the Court that Mr. Wharton offers to imitate the hand if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which Then the Prisoner proceeding to his Defence set forth That The Prisoner proceeds in his defence He argues upon the Statute of the 25th of Edward the 3d. there was a large Complication of Crimes laid to his Charge That he understood they were under the Statute of the 25th of Edward the 3d. That the Statute had two Branches one relating to War the other to the Person of the King That that which related to the Person of the King made the Conspiring Imagining and Compassing the Death of the King to be Criminal That the Branch concerning War was not so unless it were levy'd That he could not imagin to which of the two they referr'd his Crime For that to say that a Man did meet to Conspire the Kings Death and for him that gave the Accompt of the business not to say one word of it seem'd extravagant For that Conspiracies had always their Denomination from that Point to which they tended That the King had two Capacities Natural and Politick that the Politick could not be within the Statute for in that sense he never dy'd so it was absur'd to say it should be a fault to Kill the King who never dy'd That then it must be understood in the Natural Sense which was to be done either by Sword Pistol or other violent way So that if there were not one word of this then it was utterly at an end though the Witness had been good That as to the Point of Levying War it was made Treason so it He argues as to the Point of Levying War were prov'd by an Overt Act but that there never was an Overt Act or could be pretended in his Case So that if the War were not Levy'd it was not within the Act. Therefore in his Case it was imply'd it was first imagin'd that he intended to raise a War and then it was imagin'd that that War should tend to the Destruction of the King which though it might follow was neither Natural or Necessary and so could not be so understood by the Law That therefore it was two distinct things to make War and â—o endeavour to kill the King and that as there was no manner of pretence that he should endeavour to Kill the King directly so it could not be by Inference because it was Treason under another Species Upon which he cited the Lord Colce who says it is the Overthrow of Justice to confound Membra Devidâ—ntia From whence he argu'd That if the making of War could not be understood to be a Conspiring the Death of the King that then he was not Guilty of the Indictment but in his Case there was neither Conspiring the Death of the King nor making War nor Conspiring to make War besides that the Law required two Witnesses That as to the business of Aaron Smith the Lord Howard told The business of Aaron Smith conjecturally and implecitely Sworn it so imperfectly and so meerly conjecturally that there was nothing in it but his Rhetoric to set it out for that he never told by whom it was Writ nor what was in it or whether it were delivered or no. And whereas it was urg'd that the Scotch Gentlemen came to Toâ—n he professed he never heard of their Names till they were named to him in the Tower That as to the Papers if any thing were to be made of them His Plea in reference to the Papers they were to produce the whole for that it was impossible to make any thing of a part of them But though some Papers were found in his Study though it were a Question whether they were found there or no or whether they were not Counterfeit yet the hand was such as shew'd they had been Written many Years He then put it to the Court by way of Question If any body had found Papers in his own hand or anothers that were not justifyable whether that were Treason whether that imagin'd the Death of the King And if eâ—er any Man could say he ever publishâ— a Shâ—et in his Life he would submit to punishment Then he ask'd what Concatâ—nation those Papers could have with His Plea as to
whether now or when Another whether to be begun in the City or the Country or both together what Persons to be prepared in the several Countries to be assisting in it that were probable to carry it on what Money should be rais'd and that lastly it was concluded at the same Meeting That there should be a Concurrence and Correspondency with Scotland that so Diversions might be given both at home and abroad at one and the same time That about a fortnight after there was another Meeting at the The second Meeting Lord Russels where the Prisoner was also present where they came to a Resolution that some body should be sent into Scotland upon which Colonel Sidney propounded Aaron Smith which was consented to by Mr. Hambden and the rest of the Company To prove the Credibility of the Lord Howards Testimony he Aaron Smith sent into Scotland Swears the Circumstances of Aaron Smith being sent into Scotland which was Corroborated by the Inn-Keeper of Newcastle at whose House he lay and where he hir'd him a Guide to carry Aaron Smith the next way into Scotland who also knew Aaron Smith again when he saw him at the Council-Table The next Circumstance was this That the Scotch Gentlemen did come to London under pretence of a purchase in Carolina This was made out upon Oath by Sir Andrew Foster and Mr. The Evidence of Sir Andrew Foster and Mr. Atterbury Atterbury The first had seen Sir John Cockram Mr. Monro and Cambel the Son The second Swore That Sir Hugh Cambel Sir George Cambel Bayley and some others were taken in Black-Fryers and that he took the rest in a cunning Hole in Moor-Fields who were afterwards sent Prisoners into Scotland Thus the sum of the Evidence against the Prisoner was a Consultation in Order to the raising of Men to infest the Government The sum of the Evidence A Discourse concerning the raising of Money and Arms for that end the places where and the time when and the Conciliating a friendship with some discontented Persons in Scotland to joyn with the Conspirators in England To this the Prisoner by his Council Mr. Williams made Answer Mr. Williams answers for the Defendant That whereas the Lord Howard was positive and particular as to some things in reference to Persons Places and Times yet in what most effected the Defendant he was not any thing like positive as to the times of the Meeting but only that it was about the middle of January and the beginning of February And thereupon he made this Observation That since the Evidence would not be particular as to the Time it might be apprehended that he gave himself a little loose that he might not be contradicted in that Circumstance 2. That the Witness were particular as to many Facts and Things relating to the Lord Shaftsbury where he Names other particular Persons and Discourses yet he had not made use of any one Circumstance of Fact in the Case of the Defendant save only that of Aaron Smith In the next place it was urg'd That in regard there were other Witnesses before and beside the Evidence to the Discovery of the Plot it concern'd the Lord Howard to give a home Evidence in the Case or else he could have no expectation of his Pardon and that therefore he was concerned perhaps to strain that he might make such a Discovery as might answer his end which the Counsel supposed would Naturally arise out of this Case since it was something long before he got his Pardon but that now he had it After this several Persons of Quality were produced to prove the Lord Howards denyal of a Plot that he knew of none and believ'd the whole thing a Contrivance Others were call'd to prove Mr. Hambden a Person of a retired To prove the Prisoners Conversation Life addicted to his Studies free from Turbulency and medling in business and of great esteem respect and duty which he always expressed for the King and the Government This being done the Lord Chief Justice himself made a most The Lord Chief Justice summing up the Evidence elaborate Râ—capitulation of what had been offered in Evidence by the Kings Council and what the Council for the Prisoner had objected against it Which Objections though it were Confessed that they were Ingeniously made by Mr. Williams for the advantage of his Client yet were they all cleared by the Lord Chief Justice with that satisfaction as he went along both to the Court and all that heard him that the Jury returning within half an Hour after they withdrew from the Bar brought in the Prisoner Guilty of the Trespass and Misdemeanour whereof he was Indicted The JURY Sworn were these Sir Charles Gerard Bar. Roger Jennings Esq Hâ—nry Hodges Esq Thomas Harriots Esq Thomas Earsby Esq William Avery Esq John Sharp Esq Charles Good Esq Samuel Rouse Esq Hugh Squire Esq Nehemiah Arnold Esq John Bifiâ—ld Esq Upon the 12th of February the Attorney General mov'd for Judgment upon this Conviction upon which the Prisoner being ordered to come into Court the Judgment of the Court was That a Fine of 40000 l. should be set upon him that he should be committed till he paid it and that he found Sureties for his good behaviour during Life Then Mr. Williams prayed his Bayl might be Discharg'd which was agreed he being Committed And for the High Treason it was concluded that â—he was Discharged by the Habeas Corpus Act there being no Prosecution The Charge and Defence of Lawrence Braddon and Hugh Speak who were Tryed at the Kings-Bench-Bar the Seventh of February 1683. THEY were both Charged together upon an Informamation That they Conspir'd together to make the The Charge in general People believe That whereas the Earl of Essex Murdered himself and so it was found by the Inquisition yet that Inquisition was taken unduly and irrigularly obtain'd and that they did Conspire to procure false Witnesses to make these things out There was a third thing Charg'd upon Braddon That he went about by Papers and otherwise to publish it that he was a Person employed to Prosecute the Murther of the Earl of Essex For the Information it self there was this Evidence first Mr. The â—eads of the Information Evans Swore That he had heard at the Custom-House from the Father of the Boy as though there had been a Report came to him from home at ten that Morning upon which the Earl of Essex had cut his Throat of a Razer thrown out of the Earls Window and that in the Afternoon he came to him again and told him he had examin'd the Matter farther and his Boy had confirm'd the Truth of it Farther the same Mr. Evans Swore That after this Mr. Braddon and one Hatsal came to the place where he was in Essex at what time Hatsal took out of his Pocket a Printed Copy of the Inquisition and then Mr. Evans said something about the Report he had