be forc'd to take the Office of Sheriffs upon them which if they refused to do they should be used as the rest and that Sir Thomas Gold Sir John Shorter or Alderman Cornish should be set up for Lord Mayor but rather Alderman Cornish as the fitter Person That being asked by the Witness what they intended to do with the Kings Natural Sons they said they were good lusty Fellows and would serve for Porters or Watermen and that for the Lady Ann they would marry her to some Country Gentleman for a Breed to keep out Forraign Pretences Being ask'd what he knew as to the Câ—ntinuâ—tion of the Rising The Design continu'd and carryed on by the Lords c. and whether it were continu'd He made Answer That about Christmas Colonel Rumsey told him there was a Design carrying on among the Lords and Great Men by whom he always understood the Duke of Monmouth the Lords Russel Grey and Howard Colonel Sidney Mr. Wildman and Mr. Hampden for an Insurrection which was Design'd to be done about March That Colonel Rumsey and he Discoursing of it the Colonel thought fit to draw up some things that were to be requir'd in behalf of the People which was done but that the Lord Russel said it was rejected in regard that all should be left to the Parliament That at the Young Devil Tavern he met with the Prisoner at Mr. Holloway proposes to try what Forces they could raise without assistance from Scotland the Bar Colonel Rumsâ—y Mr. Wade Mr. Goodenough and one Holloway a Merchant of Bristol where Mr. Holloway propos'd That since the Scotch Business was broken off they should try what Forces they could Raise here He farther added That the City was to be divided into twenty parts and every twentieth part into fourteenths and fifteenths and the Streets and Lanes were allotted out That one Principal Man was to have a twentieth part and so many Men under him and that they might not interfere one with another they bought a great Map of the City That at one of the Meetings Mr. Goodenough Reported That there were 1500 Men out of two of the Hamlets and that there were several Meetings about this Affair And being ask'd whether the Prisoner was at those several Meetings He Answered Yes and that he shew'd himself ready to act his part Being ask'd whether they met after the Discovery He Answered That on the Monday Morning next after the Discovery A Meeting after the Discovery of which he had notice upon the Sunday before he met pretty early at Captain Walcot's Lodging whether soon after came all the rest who had agreed to meet but that they Design'd to go beyond Sea But understanding the Messengers were abroad and believing the River was beset every Man shifted for himself That being thus retired they got Mr. Keeling into the City that Rumbold Discours'd him in the presence of several Persons but that Mr. Keeling wished a great many Imprecations upon himself if he had Discover'd That then after some Discourse of Killing him they propos'd to him to go out of Town which he refused That the same Night they trac'd him from place to place and finding that he was gone to the Secretaries Lodgings they took it for granted that the Discovery was made and that every Man must shift for himself That upon that Mr. Wade said That if the Duke of Monmouth would go into the West they might try a push for it still and that the Prisoner at the Bar said That he was satisfi'd God would deliver the Nation but that he Walcot satisfyed that God did not like the present Instruments but would deliver the Nation did not approve of the present Instruments Thus the sum of what was fastned upon the Prisoner was That he was at several Consults about Killing or Securing the King That he went down to Rumbold's House to view the place where it might be done with most safety and that he undertook to Fight the Guards if he might have a considerable number of Men. To this Captain Walcot Pleaded That he never was at Rumbold's House but once as he Travell'd from York by Norwich and so to London To which Colonel Rumsey Reply'd That the Prisoner did buy a Horse and said he intended to go down and to the best of his Remembrance said He was down But that he bought a Horse which cost him 20 l. for that purpose he was certain But the Prisoner still denying the Matter of Fact and Pleading that he lay Sick of the Gout all the while the King was at New-Market a Letter was produc'd under his own hand to Sir Lionel Jenkins Secretary of State purporting A Letter under his hand to Sir Lionel Jeâ—kins produced That being troubled to see himself in His Majesties Proclamation he resolv'd to lay himself at His Majesties Feet let him do with him what he pleas'd and acknowledging his Crime which he says was the first that he had Committed since his Majesties Restauration he purposed to Discover to him all that he knew Relating to England Ireland and Scotland which he supposed might be more then the Original Discoverer was able to acquaint His Majesty with And farther That if His Majesty thought fit he would follow those Lords and Gentlemen who were fled and as soon as he could would inform His Majesty what measures they intended to take next Otherwise he Resolved to give His Majesty no farther trouble but to lye at his Mercy let him do with him what he pleas'd Then Captain Richardson being Sworn made Oath That on Cpt. Walcot sends for Captain Richardson Sunday Night Captain Walcot sent for him and seemed very desirous to wait upon His Majesty and to unbosom himself to the King That Yesterday Morning his Son coming to him he sent his Clark along with him to his Father who Discovered a little Paper in his Hand which he had intended to have given to his Son which afterwards the Prisoner desired him to make no use of since he had Discovered it The Letter was to Captain Tracy his Landlord to speak to Colonel Rumsey to be tender of him and to tell him he had Ground enough to serve the King upon other Men and to speak to Mrs. West to desire the same thing of her Husband and that the last words of the Note were If you cannot be private leavè the Issue to God To the whole the Prisoner Pleaded That the Witnesses had The Prisoner pleads his being out of England made long Speeches though very little and yet too much Relating to him Of a Design to Assassinate the King and carry on a War when he was out of the Kingdom Of a Declaration drawn up at Mr. Shepherd's House and of things not being ready upon Mr. Trenchard's failing when he was in Holland That as to his undertaking to Charge the Guards when he came into England it was an improbable thing for that he knew there was no
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
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
suspected for it which may give your Lordship Reason to expect a very good Issue concerning him I know nothing against him or any Body else and therefore your Lordship may be comforted concerning him After him Mr. Edward Howard stood up who declared That Mr. Edward Howard upon serious Discourse with the Lord Howard he took it upon his Honour and his Faith That he knew nothing of any Man concern'd in the Plot and particularly of my Lord Russel whom he Vindicated with all the Honour in the World So that if the Ld. Howard had the same heart on Monday that he had on Saturday it could not be true what he Swore against the Lord Russel To which he added That he thought the Lord Russel did not only unjustly suffer but he took God and Man to Witness That he thought him the wortiest Person in the World Dr. Burnet declared That the Lord Howard was with him the Dr. Burnet Night after the Plot broke out and did then as he had done before with Hands and Eyes lifted up to Heaven protest That he knew nothing of any Plot nor believ'd any and Treated it with great Scorn and Contempt The Lord Cavendish declared That he had the Honour to be The Lord Cavendish acquainted with the Lord Russel a long time and that he always thought him a Man of great Honour and too Prudent and Wary to be concern'd in so vile and desperate a Design as this and from which he would receive so little advantage He said he could say no more but that two or three days after the Discovery of the Plot upon Discourse about Colonel Rumsey the Lord Russel did express something as if he had a very ill Opinion of the Man and therefore it was not likely he would entrust him with such a Secret Dr. Burnet again declared That he had been for many Years last Dr. Burnet past acquainted with the Lord Russel and always judg'd him a Person of great Worth and Integrity and had declared himself with much Confidence to him and had always upon all Occasions expressed himself against all Risings and when he spoke of some People that would provoke to it he expressed himself so determin'd against that Matter that no Man could do more Doctor Thomas Cox declared That having been very much Dr. Cox with the Lord Russel of late that is to say for a Month or Six Weeks before the Plot brake out he had occasion to speak with him in Private upon these publick Matters But that he always found that his Lordship was against all manner of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary-way That he had heard him profess solemnly that he thought it would ruin the best Cause in the World to use any of those Irregular ways for preserving it and particularly that his Lordship had expressed himself concerning those two Persons the Lord Howard that he was a Man of Luxuriant parts but had the ill luck not to be much trusted by any Party and Collonel Rumsey that he knew him Little and that he had nothing to do with Him but in the Lord Shaftsbury's Business The Duke of Somerset declared that he had known the Lord The Duke of Somerset Russel for about two years and had much Conversation with him but never heard any thing from him but what was Just Honourable and Loyal Here the Gentlemen of the Jury desired to ask the Lord Howard The Jury desires the Lord Howard to answer the point testifyed by the Ld. Anglesey something upon the point the Lord Anglesey testify'd and to know what Answer he made to the Lord Anglesey Thereupon the Lord Chief Baron asked him what he said to it that he told his Father he was a Discreet Man and he need not fear his Ingagement in any such thing To which the Lord Howard answered that he confessed he did Which he doeâ— say it for he was at that time to outface the thing both for himself and his Party and did not intend to come to that Place and Act that Part. But God well knew how it was brought upon him and with what unwillingness he sustained it but his Duty to God the King and his Country required it Besides that it was upon that which every man was committed for that he took hold when he made his solemn Protestations for all that were committed for a Design of Murdering the King and so were he an Enemy to the Lord Russel and brought in a Witness against him he was bound to have declared in the Presence of God and Men that he did not think he had any Design to Murder the King After this the Lord Clifford declared That he always took the Lord Russel to be a very worthy honest man and that he never saw any thing in his Conversation to make him believe otherwise Mr. L Gore declared that he had been acquainted with Mr. L Gore the Lord Russel several Years and conversed much with him but that in all his Discourse with him he never heard any thing fall that tended in the least to any Rising or any thing like it That he took him to be one of the best Sons one of the best Fathers one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians in the Land Mr. Spencer declared that he had known the Lord Russâ—l many Mr. Spencer Years and had been much with him in his House but never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and that he had Prayers constantly twice aday in his House Doctor Fitz Williams declared That by all the Conversation of fourteen Years which he had had with the Lord Russel he ever esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands Charged with Then the Lord Russel himself made a short Conclusion wherein he declared that he had always had a Heart sincerely Loyal and Affectionate to the King and the Government the best Government in the World That he prayed as sincerely for the Kings long and happy Life as any Man alive and therefore for him to go about to raise a Rebellion which he looked upon as so wickâ—d and unpracticable was unlikely Besides that if he had been inclined to it by all the observation he had made in the Country there was no tendency to it That he was always for the Government and never desired any thing to be redressed but in a Parliamentary way That he had been always against Innovations and all Irregularities whatsoever and should be as long as he lived whither sooner or later Then applying himself to the Jury Gentlemen said He I am nâ—w in your Hands Eternally my Honour my Life and All and I hope the Heats and Animosities that are among you will not so byass you as to
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
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
to the business they met about or if any one did speak of it that it was but in Jest Descending then again to the Point of the Papers he began to open the Argument of Filmer's Book alledging it was a Book of ill Fundamentals to which those Papers seemed only to be an Answer But then the Court interrupted him and admonishing him not to spend theirs nor his own time ask'd him whether he own'd the Paper vvhich when he deny'd the Court bid him to proceed to that which was pertinent Colonel Sidney insisted that he had several Points in Law particularly He insists upon several Points of Law whether Conspiring to Levy War were Treason To which the Court reply'd That there could be no doubt in Point of Law till there were a settlement in Point of Fact that if he would agree the Conspiracy they would tell him their Opinions but that they could give no Opinion in Law till the Point were stated That the Conspiracy was prov'd by one Witness and therefore if he had any thing to take off his Credibility 't was to the purpose They also allow'd him to have any part of the Papers read either to execute or explain the Treason which was imputed to him in the Libel So that at length after several Repetitions of the same Objections He calls his witnesses and a long Patience of the Court Colonel Sidney call'd his Witnesses And first The Earl of Anglesey declared That being in Company with the The Testimony of the Earl of Anglesey Earl of Bedford when the Lord Howard came to give him a visit and to comfort him in his Affliction for his Sons being taken he told him he was not to be troubl'd for that he had a discreet a wise and a vertuous Son and that he could not be in any such Plot and his Lordship might therefore well expect a good Issue of that business and he might well believe his Son secure for he believ'd he was neither Guilty nor so much as to be suspected He proceeded farther and said he knew of no such barbarous Design and could not Charge the Lord Russel with it nor any Body else The Earl of Clare declared That as for Colonel Sidney the Lord Howard did with several asseverations assert after the Colonel Of the Earl of Clare was taken That he was as Innocent as any Man breathing and us'd great Encomiums in his praise and then seem'd to bemoan his misfortune which he thought real for that he believ'd never any Man had been more engag'd to another then he was to Colonel Sidney And upon talking of some Papers that were found he said he was sure nothing could be made of any Papers of his And that this was about a Week before the Lord Howard was taken Mr. Philip Howard declared That when the Plot first broke Of Mr. Phillip Howard out he us'd to meet the Lord Howard very often at his Brothers House and that coming from White-hall one day and being ask'd what News he told him That there were abundance of People that had confess'd a Horrid Design of Murdering the King and that their Names were Colonel Rumsey West Walcot and others that were in a Proclamation That he ask'd his Lordship what he thought of the Business to which he Answer'd That he was in an amaze That he adviz'd him to lay hold upon the Opportunity to speak to the discontented Lords to joyn in an Address to the King to shew their Detestation and Abhorrence of the thing as a means to reconcile all things That the Lord Howard promis'd him to go about it but because the Earl of Essex was out of Town it went off That the next day he met the Lord Howard again at his Brothers House and being by him ask'd what News that he Answered The Lord Russel was sent to the Tower to which he reply'd Then we are all undone and desir'd him to go to the Lord Privy Seal and see whether he was to be taken up for that he doubted it was a Sham-Plot for if it were a True-Plot he should fear nothing That he refus'd to go not thinking it probable that his Lordship would resolve him such a Question but that he farther ask'd him If he were not Guilty why he would have him go to which the Lord Howard reply'd Because he fear'd 't was no True-Plot but a Plot made upon them and therefore no Man was free That he met him a third day at the same place and found him very melancholly and that asking him the reason he Answered Because Colonel Sidney was taken Upon which he ask'd him again Why he was not troubl'd the Day before for the Lord Russel who was of his Blood he reply'd Because he had that particular Obligation from Colonel Sidney that no one Man had from another Dr. Burnet declared That the Day after the Plot broke out Of Dr. Burnet the Lord Howard came to see him and upon some Discourse of the Plot with hands and eyes lifted up to Heaven protested He knew nothing of any Plot believ'd nothing of it and said he look'd upon it as a Ridiculous Thing Joseph Ducas declar'd That the next Day after the Colonel Of Joseph Ducas was taken the Lord Howard came to the Colonels House and ask'd him where Colonel Sidney was that he reply'd He was taken by an Order of the King to which his Lordship cry'd O Lord what is that for That he adviz'd him to carry all the things out of the House where they might bâ— safe That he came agaâ—n about seven a Clock at Nâ—ght and that then he told his Lordship of the Report of a Plot to Kill the King and the Duke and of a general Insurrection and of Câ—lonel Sidneys sending into Scotland to which the Lord Howard reply'd God knows he knew nothing of all that and that he was sure had Colonâ—l Sidney beâ—n concern'd in the Matâ—er he would have told him something but he knew nothing The Lord Paget declar'd That the Lord Howard was with him Of the Ld. Paget presently after the breaking out of the Plot and that he told him he was glad to see him abroad and that he was not concern'd in the Disordâ—r to which he reply'd That he had joy from several concerning it and he took it as an injury for it look'd as if he were Guilty but that he knew nothing of himself or any Body else and that though he were free in Discourse and free to go into any Company yet he had not seen any body that could say any thing of him or give him any occasion to say any thing of any body else Mr. Edward Howard declared That as soon as the Plot broke Of Mr. Edward Howard out the Lord Howard having a great Intimacy with him he expressed a great detestation and surprizing in himself to hear of it and assur'd him under great asseverations that he could neither accuse himself nor
the Council of six the Select Council Selected by no Body to pursue the Design of the Earl of Shaftsbury Then what was it to do This was nothing by the Testimony of the Witness were he Credible he said but a few Men talking at large what might or what might not be what was like to fall out without any manner of Intention or doing any thing That they did not so much as enquire whether there were Men Arms or Ammunition That it was a War to be made by five or six Men not knowing one another nor trusting one another for which he instanc'd Dr. Cox ' Evidence at the Lord Russels Tryal Something more he said to the same purpose but concluded as to this Point that the Court was not to make any Constructive Treasons but to go according to plain proof Constructive Treaons belonging only to the Parliament as by the immediate Proviso in the Act and by several other Acts of Parliament appear'd And therefore he thought it impossible for the Jury to find the Matter for that the first Point was only prov'd by the Lord Howard who as he thought was no Body and the last concerning the Papers was only imaginary from the similitude of Hands The Prisoner having thus made his Defence the Solicitor General summ'd up the Evidence and answered all the Prisoners Objections with that Learning and Eloquence that nothing could be more convincing When he had done the Prisoner offer'd again to have spoken to the Court but it was told him that after the Kings Council had concluded the Prisoner was never admitted to say any thing more And then the Lord Chief Justice told the Jury in particular That what the Prisoner had said that was not prov'd and what the Kings Council had said of which there was no proof to make it out was not to be taken into any Consideration Then the Solicitor General desir'd one word more as well for The Solicitor Generals request to the Court in his own and Prisoners behalf his own as the Prisoners Sake That if he had said any thing that was not Law or misrepeated or misapply'd the Evidence that had been given he made it his Request to the Court to rectify those Mistakes as well in Point of Fact as in Point of Law This done the Lord Chief Justice deliver'd his Charge to the The Lord Chief Justice delivers his Charge to the Jury Jury which was so full and so clear that after he had concluded the Jury withdrawing stay'd no longer then about half an Hour in Consultation and then returning brought the Prisoner in Guilty Upon Monday November the 26th Colonel Sidney was again He is brought to receive Judgment brought up to the Bar of the Kings-Bench to receive his Sentence and being ask'd the usual Question He Pleaded first That he conceiv'd he had had no Tryal for that he was to be Tryed by his Country but he did not find his Country in the Jury that Try'd him in regard there were some of them that were not Freeholders and therefore if he had had no Tryal there could be no Judgment To which the Court reply'd That it had been the Opinion of all the Judges of England in the Case last proceeding his that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge at Common Law He then desir'd a Day and Council to argue it but it was told him It was not in the Power of the Court to do it He then desir'd the Indictment might be read again which being done he urg'd that it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law But the Court did not think it a material Objection He urg'd there was no Treason in the Papers and nothing prov'd of them to which it was answered That there was not a Line but what was Treason Next he desired that the Duke of Monmouth might be sent for and offer'd to acknowledge what ever they pleas'd if he would say there was any such thing as a Design or knew any thing of it But it was told him that was over since he had been Try'd for the Fact Upon which he put forth these words If you will He gives Offence to the Court. call it a Tryal which was ill-resented by the Court as if he went about to Arraign the Justice of the Nation Then he complain'd that the Jury were not summon'd by the Baliff but were agreed upon by the under Sheriff and others and ask'd whether that were a good Jury to which the Court made Answer That they could take notice of nothing but what was upon the Record and it appear'd that the Sheriff had made his return What he alleadg'd more was nothing but what he had urg'd The Court pronounces Judgment in his Defence upon the Point of Constructive Treason So that the Court proceeded to Judgment which was given accordingly Which Sentence being afterwards mitigated by His Majesties Grace and Favour he was upon the Day of carryed from the Tower of London to the publick Scaffold upon Col. Sidney beheaded Tower-Hill Where after a very short Preparation with little or no Ceremony he lay'd himself down and had his Head struck from his Body by the common Executioner Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech in which he was so faâ— from Repenting for the Crime which he suffer'd that he rather justify'd himself by complaining of the rigour of his Tryal and broaching those very Opinions to the subversion of Monarchy which were the Subject of those Treasonable Papers for which he was in part Condemned But the Speech has been Printed and therefore there needs no Repetition of a Matter so scandalous On the other side the Lord Brandon Mr. Booth Major Wildman The Lord Brandon Mr. Trenchard and several others discharged Mr. Charleton and Mr. Trenchard and some others that were Bail'd the last Term were then fully Discharg'd THE Charge and Defence OF John Hambden Esq THE 6th of February 1683. Term. Sancti Hillar John Hambden was Tryed before the Lord Chief Justice Jefferies upon an Indictment of High Misdemeanour for contriving and practising to disturb the Kings Peace and stirring up Sedition in the Kingdom The stress of the Evidence against the Prisoner was upon the The Lord Howards Evidence The first Meeting Lord Howards single Testimony who Swore That about the middle of Januaâ—y in the Year 1682 3. The Council of Six of which Mr. Hambden was one met at the Prisoners House where they received from his own Lips a general hint and intimation of the ends of their Meeting which were to consult and advise one with another how to put things into a better Method and posture than formerly That the Questions were started severally while one spoke of the time when it should be
the thing That he saw him often in the Company of Manning who was design'd to be another of the Aslassinaters That being once at his Chamber the Prisoner said to him Master shall we do nothing adding that if the Duke of M. would be but true and appear he would bring 50 or 60 honest Men of the other side of the Water who would do the business That upon asking him what business he answered either a Brisk Push vvhich the Witness took for an Insurrection or the two Brothers That upon asking him what two Brothers he meant He reply'd the Captain and Lieutenant which were the Terms they us'd since the Van Herring was Printed Here Mr. VVest put in that he thought the Prisoner was a good honest Fellow before that time but that he thought he was deluded by Goodenough Upon which the Lord Chief Justice ask'd him whether he came to justifie those things Mr. West reply'd that he had been basely deluded and that he was sorry for the poor Fellow Which caus'd the Lord Chief Justice to tell him that it was an unusual thing for men in his Condition to use such Expressions in such a Case And being afterwards told by the Kings Serjeant that he found him not worthy the Mercy the King had shewn him then Mr. West reply'd that it was a word he put from him unawares Then Sir Nicholas Butler being sworn declared That he had Sir Nicholas Butler proves the Prisoner always ready for such evil designâ— known the Prisoner for many Years and had always known him Guilty of Plotting and Contriving and upon all occasions ready to embrace any thing for those purposes laid to his Charge Particularly that when Sir Francis Chaplain was Lord Mayor and that the King stood at Mr. Waldo's the Angel being much shaken the Prisoner came to his House and told him that now they had a fair Opporâ—unity to take off the King and the Duke at once to which purpose there were to be half a dozen with Cross-Bows who would go into the Steeple where there was a Window just opposite to the Balconey That thereupon he went to the King and the Duke of York and gave them this accompt and desired them to set some to watch the Place and to search if any were got into the Steeple before they came That one Horsel was appointed to watch them accordingly but none came And that when he was examined before the King the Prisoner confessed all those things Captain Richaâ—dson being sworn gave evidence That he went along with Sir Nicholas when he examined the Prisoner as to this thing Who then said that Mr. Goodenough came to him and told him he wanted Lâ—boâ—rers That Mr Goodenough told He agrees with Goodenough to kill the King and the Duke of York him it was to kill the King and the Duke of York and that he confessâ—d he did agree to be one of the Persons would undertake it and that Goodenough promised him Twenty Pound to buy him an Horse and Arms. That he confessed the business of Rye which place he did not know but said it was the place where the King was to be murder'd To all this the Prisoner said little or nothing only that he did not know the place where nor when it was proposed about the Rye and that he was drawn into it by Mr. Goodenough That as to the Cross-bows he was only told it but never designed it Being asked what Religion he professed he answered That he heard sometimes Baptists sometimes Independents and sometimes Presbyterians After a short Charge the Jury brought him in Guilty without stirring from the Bar. THE Charge and Defence OF THE Lord RUSSEL THE same Fryday Morning being the 13th of July the Lord Russel was set to the Bar within the Bar. He was charged as were the former for compassing imagining and intending the death of the King and the Subversion of the Government To this being required to plead he desired that he might have a Copy of what was laid to his Charge But the Court informing him that they could grant nothing till he had pleaded he then pleaded not Guilty Which done he told the Court that he thought no Prisoner had been Arraigned and Tryed at the same time and urged that he had been a Close Prisoner To which the Court replied that it was continually done in Crimes of this Nature and it was farther told him That he has had a great deal of Favour shewn The Court makes him sensible of the favour shewn him him already in that he had been acquainted with his Crimes and that he had had the Liberty of Counsâ—l which had not been known granted to any under his Circumstance The Prisoner alledged that he had only heard some general Questions and that he had Witnesses which he believed would not be in Town till Night and therefore thought it very hard that he could not have one day more To which it was answered that he had notice upon the Monday was a seven night before and that the Questions he was examined upon where a favour to him that he might know the matter he was charged with and therefore if the Kings Counsel did not think it fit the Court could not put off his Tryal The next thing he desired was a Copy of his Pannel to which He dâ—sireâ— a Copy of the Pannel which was proved to be delivered to his Gentleman the Lord Chief Justice replied that it had been ordered him and the Attorney General said that he had indulged him so far that he might have a Note of the Men returned The Secondaries also affirmed that they had delivered it to his Gentleman To which my Lords Gentleman made answer that he had only some Names out of a Book Whereupon my Lord insisting that he had no Pannâ—l but only some Names of Persons usually upon Juries it was told him by the Court that no other Pannel could be given him and then the Sâ—condary being ask'd affirmed that he had had the Copy of a Hundred Names Nevertheless his Lordship still urging for a Copy of the Pannel and that his Tryal might be put off till the afternoon in regard he had a Witness that was not in Town the Lord Chief Justice condescended so far as to ask the Attorney General why the Tryal might not be respited till the Afternoon But the Attorney General giving no Aâ—swer to it the Court Proceeded Then the Prisoner desired to know whether he might have Pen He is allowed Pen and Ink and two to write for him and Ink and a person allowed to write for him to which it was answered him that he might have two if he pleased Sir Andrew Foster being then called he said that his Name was not in his List but it was replyed that he was not called as one of the Jury After which the Court Proceeding to call the Jury and John The Prisoner insists upon Frâ—eholders Martin being named the
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