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
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
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
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
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
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
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
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
of two Witnesses two Witnesses to one Fact there was an end of the Matter and that under the Judicial Law the penalty would have been in such a Case to put a Man to Death That then there were but two things which if allow'd no Man vvould be safe for Perjury The one vvas to suffer Men to give their Testimony one to one thing and another to another that the fraud could not be Discover'd and the other vvas to take avvay the Punishment That the Punishment vvas in some measure taken avvay and if the other Point vvere taken avvay vvhereby the fraud could not be Discover'd then no Defence could be made Then he instanc'd the Story of Susannah that both Witnesses should be to the same Point Therefore if there vvere tvvo Witnesses to prove the Conspiracy and that those Matters vvere done in it vvhich vvere Treason he vvas to ansvver it if there vvere not he presum'd And desires Council upon the Point he needed not say any thing to it vvhich if it might not be allovv'd him he desir'd Council to argue it To that the Court made Answer That it vvas a Point of Fact The Answer of the Court. vvhether there vvere tvvo Witnesses allovving that one Witness vvas not sufficient From vvhence the Prisoner inferring that there vvas the Lord Howard and never another the Court admonish'd him not to make those Inferences and that the Jury should be told That if there vvere not tvvo Witnesses as the Law requir'd in the Case they vvere to acquit him Upon this the Prisoner said He vvas Confounded and pleading He expostulates with the Court. by vvay of Interrogatories ask'd the Court vvhat vvas a Conspiracy to Kill the King and vvhether there vvere any more Witnesses then one for Levying War In Ansvver to vvhich the Court bid him not deceive himself or And is answered think that the Court intended to enter into a Dialogue vvith him but Ansvver vvhat he could to the Fact To which the Prisoner reply'd That then there being but one Witness he was not to Answer to it at all The Court told him If he rely'd upon that they would proceed to direct the Jury presently The Prisoner continu'd That then again for Levying War there was no Evidence as to that He Challeng'd the Lord Howard He taxes the Lord Howard of varying in his Evidence also to reconcile what he had said at the Lord Russels Tryal with what he said then That he had there declar'd he had said all he could but that now he had got he knew not how many things that were never spoken of there upon which the Prisoner appeal'd to the Court Whether he had ever spoken a word of what he said then concerning Mr. Hambden That he set forth his Evidence very Rhetorically but that it did not become a Witness who was only to tell what was said and done but that he did not tell what was done and said That he had said they took upon them to consider but does not say what one Man said or what one Man resolv'd much less what the Prisoner did That if those things were not to be distinguish'd but to be jumbl'd together he then knew not what to say Here the Court again advertiz'd the Prisoner to Answer the The Prisoner put upon it by the Court to bring his Witnesses Matter of Fact or if he had any Testimony to disparage the Witnesses to produce it Thereupon the Prisoner urg'd against the Lord Howard That he had accus'd himself of divers Treasons and had no pardon for any that he was under the terror and punishment of those Treasons That he had said he could not get his Pardon till he was past the Drudgery of Swearing That he ow'd the Prisoner a considerable That the Lord Howard owed him Money sum of Money lent him in time of his great Necessity and that when his Mortgage was forfeited and the Prisoner was to take the advantage of the Law he had found out a way to have him laid up in the Tower That he came to the Prisoner's House when he was put in the Tower and in the hearing of the Prisoner's Servants Swore as in the presence of God That the Plot was but a Sham and that he knew nothing of it That he would not only have pay'd the Debt due to the Prisoner by his Testimony but would fain have got his Plate and other Goods into his hands under pretence of securing them That he had protested the same thing to Dr. Burnet as he had done to the Prisoner's Servants and that when he came to Answer it he said he was to face it out and make the best of it he could which he did bravely against God but was very timerous of Man That he had declar'd at the Lord Russels Tryal That he believ'd that the Religious Obligation of an Oath did not consist in the formality of applying it to the place but in calling God to Witness So that when he call'd God to Witness before Dr. Burnet and some others if what he affirm'd to them were not consistent with his present Oath it could not be true or if he Swore both under the Religion of an Oath he Swore himself perjur'd As for Aaron Smith he had Sworn also that the Prisoner sent him but that no Body else spoke a word of it As for the Papers he was not to give any Accompt of them He urges that as to the Papers similitude of hands was no proof nor did he think they were before the Court in regard there was nothing but the similitude of hands offer'd for Proof For this he instanc'd in the Case of the Lady Car Indicted of Perjury for proof of which some Letters of hers were produc'd which were contrary to what she Swore in Chancery and it vvas prov'd her hand was like it but the Lord Chief Justice Keeling directed the Jury that in Criminal Causes it was no proof at all That as to Sir Phillip Lloyd he thought him to be no Witness He objects against Sir Philip Floyd as being the King's Officer and he being prosecuted at the King's Suit For which he urg'd a Case of a great Minister in France whose Treasonable Papers being inventory'd by one of the King's Officers was the reason why they could not be made use of He added farther That the Papers were old Ink and might be written twenty Years ago for ought he knew As for the Consult it was strange that such Men as they who had no Followers should undertake so vast a Design and very unlikely when they had neither Officers nor Soâ—ldiers no time nor place nor Money for it That he had spoken the last time of 20 or 3000 l. but no Man knew where it was to be had only he said the last time it was spoken in Jest That it was a pretty Cabal for six Men to meet about a business and neglect every one of the Points relating
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
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
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