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A55932 The Proceedings against the Lord Russel upon his tryal for high-treason, at the sessions-house in the Old-Baily, on the 13th. of this instant July, for conspiring against the life of the King, to levy war and rebellion, &c. as also the tryals of William Hone, the joyner, John Rouse, and William Blake, for conspiring the death of the King, &c. 1683 (1683) Wing P3553; ESTC R4586 3,408 2

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The PROCEEDINGS against the Lord RUSSEL Upon His TRYAL for HIGH-TREASON At the Sessions-House in the Old-Baily on the 13th of this Instant July for Conspiring against the Life of the KING to Levy War and Rebellion c. As also the Tryals of William Hone the Joyner John Rouse and William Blake For Conspiring the Death of the KING c. AT the Sessions-House at the Old-Bayly William Hone having been Yesterday Arraigned and thereto Pleaded not Guilty was brought this Day upon his Tryal who before he was put upon the Jury desired to Retract his former Plea of not Guilty and to Plead Guilty as to the Conspiracy but would not own his procuring Arms as in the Indictment was specified which Plea the Court refusing to approve unless he would directly Plead Guilty to the whole Indictment the Jury was charged with him And the Indictment Read Importing that he not weighing his Duty and Allegiance but as a false Traytor had Conspired the King to depose from his Crown and Dignity and him to Assassinate and Murther to raise War and Rebellion and to make a miserable Slaughter of His Majesties Subjects and in order thereto he had procured Arms as Blunderbusses Musquets Carbines Pistols and the like The Indictment Read the King's Council proceeded to open the Nature of the Fact and Relate the danger of the Conspiracy and of what Fatal Consequence it would have proved if it had taken Effect with many Particulars Relating to what Evidence was to be given against the Prisoner After which Mr. Keeling was Sworn who deposed that the Prisoner coming acquainted with him by the means of Mr. Goodenough had at sundry times declared that he was tempered with to enter into the Conspiracy against the Life of the King and that he was to be one in the intended Assassination of His Majesty And that particularly he was at a Consult as he verily believed when the killing the Captain and Lieutenant was to be loped or dispatched by those meaning the King and the Duke of York and that once being with him at the Flanders Coffee-House he declared That it would never be well till the Black-Bird and Gold-finch were knocked in the head meaning the King and the Duke of York And that in a Consult where the Assassination of His Majesty in his return from New Market when Mr. West being in Company demamded how many Swans Quills Goose Quills and pair of Crow Quills with Ink and Sand were in a readiness meaning thereby Blunderbusses Musquets Pistols Powder and Bullets that he was to have and that he was fully consenting to Imbark himself in the wicked Enterprize and that a debate was held what day the King was to return and that divers Opinions thereupon happened amongst the Conspirators Mr. West being next Sworn gave Evidence That the Prisoner came to his Chamber in the Temple and acquainted him that he came from Mr. Goodenough and that he had by his perswasion consented to be one that was to Assassinate the King And that it was further agreed by the Conspirators that he should be furnished with Twenty Pounds or thereabouts to provide him Horse and Arms and that he did procure Arms in order to the Design with many other Particulars Relating to the wicked Conspiracy This Evidence given Sir Nichoalas Butler deposed That the Prisoner had Related or Confessed matter in Relation to the wicked Conspiracy c. after which the Evidence being summed up the Jury without departing the Court gave their Verdict that he was guilty of High-Treason as in the Indictment it was layed Hone Convicted as aforesaid the Lord Russel was Arraigned who thereupon desired longer time to prepare for his Tryal but that not being allowed he excepted against the Jurors as not being Free-holders within the City of London and thereupon desired Council to be assigned him to debate it as matter of Law which was granted and Mr. Polixpheen Mr. Holt and Mr. Ward were assigned whose opinions after many Arguments between them and the Kings Council were over-ruled by the Court and thereupon the Jury was called of which the Prisoner Challenged about Thirty peremptorily but Twelve being Sworn the Indictment was Read the substance of which being to this Effect That he William Russel Esq for so was he stiled together with James Duke of Monmouth Ford Lord Grey Sir Thomas Armstrong Ferguson c. had Conspired to leavy War and Rebellion in the Kingdom of England to compass the Death of His Majesty and to make a miserable Slaughter amongst the Subjects of our Lord the King c. To this Indictment he having Pleaded not Guilty Mr. North opened the matter of Fact and was seconded by Mr. Attorney General who at large declared the hainousness of the Crime which in Evidence was to be given against the Noble Lord Prisoner at the Bar which was also Insisted upon by Mr. Solicitor General After which Colonel Rumsey was Sworn who deposed That the Duke of Monmouth the Lord Russel Sir Thomas Armstrong and divers others being at one Mr. Shepherds a Vinteners in the Parish of St. Nichoalas Bashaw he was sent to them by the Earl of Shaftsbury to know what forwardness they were in as to an Insurrection to which he received Answer That Mr. Trenchard who had promised to raise 1000 Foot and 4000 Horse to be aiding in the Design had certified them by a Letter that he could not so soon Effect it as was required for that the persons he desired to alure to his Interest would not Rush upon a Design e're they had provided for their Families and that the Earl of Shaftsbury must be contented at which the Earl seemed much disaffected He further deposed That divers Consults had been held in order to the raising men in divers places and that an Insurrection was to have been on the 19th of November and that he viz. Colonel Rumsey was to have been a Commander at Bristol though in what Capacity was not nominated And that it was agreed That the Duke of Monmouth the Lord Grey and Sir Thomas Armstrong should take a view of the Guards in the Muse and at the Savoy to see how they keep their Order After this Mr. Shepherd the Vintner was Sworn who deposed That Mr. Ferguson came to him in the name of the Duke of Monmouth and named divers persons that were to come to his House desiring a private Room which they had accordingly and that the Prisoner was there and at that time a discourse happened about an Insurrection and a Declaration was Read purporting to a Relation of the Grievances of the Nation tending to a Rising c. And that another time the Company met but that he was not possitive whether the Prisoner was there then or no but that there as at first they were very private and came on foot c. This deposition made the Lord Howard of Escrich was Sworn Who declared the whole Conspiracy at large from time to time how the Plot was carryed on by the Earl of Shaftsbury in chief and that he had declared his dissatisfaction in the coldness of the Duke of Monmouth and other Lords to joyn with him and that he had 10000 Men in the City at his beck and seeing things were so far advanced he would cause the Design to be put in Execution and that divers Messages passed between the Earl and the Lords in relation to putting off the design longer which at last was from time to time put off till the Earl doubting his safety fled into Holland where he dyed after which a Council of Six were constituted who were the Duke of Monmouth the Earl of Essex the Lord Russel the Lord Howard the now Witness Mr. Sidny and Mr. Hambden the younger who were to determine all matters as to the Insurrection and that they to his knowledge met at Hambdens House and at the House of the Prisoner to debate about carrying on the Design and that Aaron Smith was sent into Scotland to perswade the Gentry to Rise This or to this effect though more at large was the Evidence After which the Lord Russel called divers Evidences some to declare what the Lord Howard ●ad said concerning the Plot in relation to him before the said Lord Howard was taken Prisoner and others for the most part Persons of Quality to testifie his sincere life and Conversation After which the Kings Council summed up the Evidence and the Court gave the Charge when the Jury going out after some consideration brought him i● Guilty of High-Treason This Tryal over John Rouse who was Yesterday Arraigned came upon his Tryal for Treasonably Conspiring to compass the Death of the King to leavy War raise Rebellion c. to which upon this Arraignment he Pleaded not Guilty but the Charge being opened by the King's Council the Witnesses for the King were Sworn who deposed That he the Prisoner had been at divers Consults for the carrying on the Conspiracy against the Life of the King to stir up the people to Sedition and Rebellion with divers other Treasonable Practises by him done and approved of sundry times and in divers places and he not being capable by Witnesses to disprove it the Charge given the Jury found him Guilty of High-Treason Next William Blake a Sea-Captain was Tryed for Treasonable Conspiracy and intending to compass the Life of the King in order to which he according to the Evidence had prepaired Shiping to Assault the Tower and to batter it with Granadoes and that in order thereto he had consulted with Richard Goodenough and divers other Conspirators But the Proof being full only by one Evidence the other not swearing positive or not to what amounted to Treason and the Law in Case of High-Treason requiring Two positive Evidences the Prisoner was found not Guilty Printed for Langley Curtis near Fleet-Bridge 1683.