THE TRYALS OF Thomas Walcot William Hone William Lord Russell John Rous William Blagg FOR HIGH TREASON For Conspiring The Death of the King And raising a REBELLION IN THIS KINGDOM At the Sessions-House in the Old-Baily London on a Commission of Oyer and Terminer held there for the City of London and County of Middlesex on Thursday Friday and Saturday Iuly 12 13 and 14. 1683. LONDON Printed for Richard Royston Benjamin Took and Charles Mearn M DC LXXXIII I Appoint RICHARD ROYSTON BENJAMIN TOOK and CHARLES MEARN to Print the TRYALS of THOMAS WALCOT WILLIAM HONE WILLIAM Lord RUSSEL JOHN ROUS and WILLIAM BLAGG at the Sessions in the Old-Baily and that no other do presume to Print the same Will. Prichard Mayor The Tryals c. The Tryal of Captain Thomas Walcot THursday Iuly 12. 1683. at the Sessions-House in the Old Baily London The Court being meâ— and Proclamation made for Attendance the Proceedings were as follow Thomas Walcot being set to the Bar and after having held up his Hand the Indictment was read as follows London The Iurors for our Sovereign Lord the King upon their Oaths Present That Thomas Walcot late of London Gent. as a false Traitor against the Most Illustrious and excellent Prince our Sovereign Lord Charles the second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the fear of God in his Heart nor weighing the Duty of his Allegeance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which True and Faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destraction to bring and put the second day of March in the year of the Reign of our Sovereign Lord Charles the Second King of England c. the Five and Thirtieth and divers other days and times as well before as after at the Parish of S. Michael Bassishaw in the Ward of Bassishaw London aforesaid Maliciously and Traiterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and Intend our said Lord the King his Supreme Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the antient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Compassings Imaginations and Purposes aforesaid the said Thomas Walcot as a false Traytor then and there and divers other days and times as well before as after maliciously traiterously and advisedly did assemble meet together and consult with the aforesaid other Traytors to the Iuror aforesaid unknown and with them did treat of and for the executing and perfecting their Treasons Compassings Imaginations and Purposes aforesaid and that the said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there and divers other dayes and times as well before as after did take upon himself and to the aforesaid other Traytors did promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Armour and Armed Men to fulfil and perfect the said Treasons and trayterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and trayterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass he she said Thomas Walcot as a false Traytor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the duty of his Allegeance against the Peace of our Sovereign Lord the King his Crown and Dignity and against the form of the Statutes in that Case made and provided c. Cl. of Cr. What saist thou Thomas Walcot Art thou Guilty of this High Treason whereof thou standest Indicted or Not Guilty Capt. Walcot Not Guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Walcot By God and my Countrey Cl. of Cr. God send thee a good Deliverance Then were William Hone John Rouse and William Blague arraign'd who pleaded Not Guilty to their Indictments and the Court adjourn'd till the Afternoon When Thomas Walcot being again brought to the Bar after some exceptions the following Jury was impannel'd Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Genew Iohn Short Thomas Nicholas Cryer Oyes If any one can inform my Lords the Kings Justices c. L. C. J. Mr. Sheriffs This is an extraordinary case it is reasonable the Evidence should be well heard I require you both to keep the Court quiet Mr. Tanner swear the Kings Evidence one at a time Clerk Thomas Walcot Hold up thy hand you of the Jury look upon the Prisoner and hearken to his Charge He stands indicted by the name of Thomas Walcot Gent. prout in the Indictment before mutatis mutandis Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal put himself upon his Countrey which Countrey you are Your charge is to enquire c. Mr. North. May it please your Lordship and you that are sworn the Prisoner stands charged That he being a false Traytor to the King and intending to raise War and Rebellion against the King and to bring his Majesty to an untimely death did on the second of March in the Five and Thirtieth year of the King at the Parish of S. Michael Bassishaw meet with other Traytors like himself and there conspired to bring these Treasons to effect and accordingly promised to be aiding and assisting to provide Arms for it and did actually provide several Arms as Carbines Blunderbusses and Pistols for the perpetrating this Treason This is the Charge to which he says he is Not Guilty We will call our Witnesses and prove it and then you are to find it Mr. Att. Gen. Gentlemen of the Jury the Prisoner at the Bar is accused of the highest of Crimes High Treason against his Sovereign
many Consults is very certain that there was a Design to raise an Insurrection and War within this Nation is as plain by them all it was designed the last Winter to have done it The Witnesses who are certainly the Persons most capable of giving Evidence tell you there were several times appointed and still they were by one Providence or another disappointed All of them tell you there was a Design to kill the King and Duke at the Rye in Hertfordshire as they came from New-Market This is very plain too That thâ—â— Gentleman at the Bar knew of this this he himself confesses that the was at several of the Consults and this he excuses it by that that was buâ— Misprision of Treason if he did not undertake to do any thing As to that Gentlemen we do tell you The Law is That those that are at a Consult for the killing of the King or doing of a Traiterous Act that this is in them High Treason this being at the consulting of it 'T is true it would excuâ—â— and mitigate the Fact if they should come afterwards and discover it it might intitle them to the King's Mercy but to be at a Consult upon a treasonable Design to meet for that purpose to â—â—â—r the Plot laid and a Design to take the King's Life or to raise Arms against him and to say nothing of this this is down-right Treason and 't is not Misprision of Treason his Law that he relies upon fails him there 'T is very plain of his own Words he heard of this Conspiracy and he kept it secret and says nothing of it and this he says is his Crime that he mentioned to the King so he would mitigate it by saying 't is but Misprision of Treason But without doubt the meeting at several times upon this Design if he had promised and undertaken nothing in it his keeping of it private as he has done makes him guilty of High Treason so that out of his own Words 't is plain that he is Guilty But then consider what two Witnesses positively prove upon him They prove that he did there deny to be â—ny of them that should assassinate the King thus says Collonel Rumsey and thus says Mr. West but he would be one of them that should fight the Guards and he did undertake to fight the Guards as both of them positively swear This is done with Circumstances of overt-Acts too as the providing of Horses and a Tuck was to be prepared in order to it and a Tuck he did prepare whether he did go down that is a little dark but he did agree to go down Gentlemen 'T is plain by what Mr. West said of him that he had a Design formerly in my L. Shaftsbury's time to have raised War he had undertaken to be a Collonel of Horse under my Lord Shaftsbury and he offered Mr. West to be one of his Officers under him This is a Design to raise War against the King and declares it sufficiently That which makes the Evidâ—nce further plainly and greatly clear is a Letter whereby he does submit to the King's Mercy but proposes that himself is abler to instruct the King in these matters than any of those that had made former Discoveries and therefore if his Majesty should think fit he would make him a full Discovery not only of things in this Kingdom but of the Transactions with other Kingdoms that is Scotland and Ireland in which he takes himself to be more capable of discovering to the King than any body else because he was concerned with the Agents there which shews this Plot hath gone a great way this Design hath gone into other of the King's Dominions and it is to be sâ—arâ—d 't is larger than the King knows 'T is time to nip these Treasons when they are gone so far certainly a more barbarous Design was never thought of by Mankind We have had certainly as many Ingagements to the King as any Subjects ever had to any Prince whatsoever he has done as many Acts of Grace we have lived as peaceably as any People under a Prince can ever expect to do he hath shewed himself with as much Kindness with as much Lenity even to his very Enemies as any Prince that ever we read of the Preservation of our Religion and the Laws of the Kingdom our Laws and Liberties and all our Happiness depend as much upon his Life as they ever did upon the Life of any Prince or ever can do so that we ought all to be concerned even to the last drop of our Blood to preserve Him but how this mischievous Design should enter into the Hearts of Men to undertake to kill him in such villanous and barbarous a manner as this may justly makes us astonished Gentlemen You hear your Evidence you have a very strong Evidence in this Case and stronger I think than could be expected in the Case of Treason The Iury went out for about half a quarter of an Hour and returned and brought the Prisoner in Guilty THE TRYAL OF William Hone. On Thursday July 12. William Hone being set to the Bar and after having held up his Hand the following Indictment was read London THe Iurors for our Sovereign Lord the King upon their Oaths present That William Hone late of London Labourer with many other Traitors as a false Traitor against the most Illustrious and Excellent Prince our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Sovereign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of March in the Year of the Reign of our Sovereign Lord Charles the Second King of England c. the 35th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown he did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said
came to him and told him he wanted Labourers he asked him for what at last he did confess that Mr. Goodenough did tell him it was to kill the King and the Duke of York he did confess that he did agree to it and that he would be one of them He did likewise say That after at another Meeting he was for killing the King and saving the Duke but Goodenough was for both Sir Nicholas Butler He said he was to have 20 l. Capt. Richardson He said he did not desire to stir and Goodenough told him he should have 20 l. to buy him Horse and Armor And told us the Business of Rye the Place he did not know but said it was â—â—â— place where the King was to be murdered This is the substance of the Examination taken Sir Geo. Jeff. Tho the Pâ—lâ—ner at the Bar did partly make a Confession yet for the Satisfaction of the World â—y Loâ—d gave us leave to call our Witnesses Capt. Richardson That which Sir Nicholas says about the Cross-Bows he did own but L. Ch. J. What say you to this treasonable Design of yours in undertaking to kill the King in hiring your self out to be one of the Persons that should have executed this Traiterous Design this horrid Murder to have killed the King at the Rye Hone. I say I did not know the place where nor when at the time it was proposed about the Rye L. Ch. J. But what do you say as to the undertaking to kill the King the other is but a Circumstance this is the material Point Hone. My Lord I was drawn into it by Mr. Richard Goodenough L. Ch. J. You hear what Sir Nicholas Butler says of the Cross-Bows you designed to kill the King with what say you to that Hone. I say there was a Person told me of such a thing and I told Sir Nicholas immediately of it The Person that told me was a Shop-keeper and I don't know him Sir Nicholas Butler You named three Persons to the King that were Confederates with you but you came to me of your self L. Ch. J. Look you your self was one of the wicked Undertakers in that Traiterous Design Hone. No I did never design it but I was told it L. Ch. J. Ay that your self and some other good Fellows were ingaged in the Design Hone. I was not ingaged only as I was told by a Fellow that there was a Shop-keeper lived hard by that would do such a thing and I immediately told Sir Nicholas Butler L. Ch. J. Come 't is in vain for you to mince the matter for here is a full Evidence against you The best you can do for your Advantage now is to consider well with your self and repent of this wicked Design What Religion do you profess Hone. Religion My Lord L. Ch. J. Ay any or none Hone. My Lord I hear several sorts of Men sometimes Baptists sometimes Independents and sometimes the Presbyterians L. Ch. J. But regard none Look you Gentlemen of the Jury you hear a plain case of a barbarous Murder designed upon the King one of the horridest Treasons that hath been heard of in the World to have shot the King and the Duke of York in their Coaches as they were coming upon the Road. You have had full Evidence of this Man 's being one of them and therefore I am of opinion that you must find him Guilty So the Iury brought the Prisoner in Guilty without going out of Court THE TRYAL OF THE Lord Russel July 13. 1683. My Lord Russel was set to the Bar within the Bar. Cl. of the Crown William Russel hold up thy Hand which he did Then this Indictment was read which is as followeth London THe Iurors of our Soveraign Lord the King upon their Oaths present That William Russel late of London Esq together with other false Traitors as a false Traitor against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King his natural Lord not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with his whole Strength intending the Peace and Commâ—n Tranquility of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly Name of the Imperial Crown of this his Kingdom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the Second day of November in the Year of the Reign of our Soveraign Lord Charles the Second King of England c. the 34th and divers other Days and Times as well before as after at the Parish of St. Michael Bassishaw in the Wâ—rd of Bassishaw London aforesaid maliciously and traiterously with divers other Traitors to the Iurors aforesaid unknown Be did conspire compass imagine and intend our said Lord the King his Supream Lord not only of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a Miserable Slaughter amongst the Subject of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move procure and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid he the said William Russel together with other false Traitors as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and advisedly between themselves and with divers other Traitors to the Iurors aforesaid unknown they did meet together consult agree and conclude and every of them then and there did consult agree and conclude Insurrection and Rebellion against our Soverâ—ign Lord the King within this Kingdom of England to move and stir up and the Guards for the Preservation of the Person of our said Lord the King to seize and destroy against the Duty of his Allegiance against the Peace c. And also against the Form of the Statutes c. Cl. of Cr. How sayest thou art thou Guilty or not Guilty L. Russel My Lord may I not have a Copy of the Matter of Fact laid against me that I may know what to answer to it L. Ch. Just. My
you If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults that these Witnesses speak of then you must find him Guilty of this Treason that is laid to his Charge Then the Court adjourned till four a Clock in the Afternoon when the Iury brought the said Lord Russel in Guilty of the said High Treason The Tryal of JOHN ROVSE Thursday July 12. John Rouse and William Blagg being set to the Bar and after holding up their Hands the following Indictment was read London London THe Jurors for our Soveraign Lord the King upon their Oaths present That John Rouse late of London Gent. and William Blagg late of London Gent. as false Traytors against the most Illustrious and Excellent Prince our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King their natural Lord not having the Fear of God in their hearts nor weighing the Duty of their Allegiance but being moved and seduced by the instigation of the Devil and the true Duty and natural Obedience which true and faithful Subjects of our Soveraign Lord the King towards him our said Lord the King do bear and of right ought to bear wholly withdrawing and with their whole strength intending the Peace and common Tranquillity of this Kingdom of England to disturb and War and Rebellion against our said Lord the King to move and stir up and the Government of our said Lord the King within this Kingdom of England to subvert and our said Lord the King from his Title Honour and Kingly name of the Imperial Crown of this his â—â—â—â—dom of England to put down and deprive and our said Lord the King to Death and final Destruction to bring and put the second day of March in the year of the Reign of our Soveraign Lord Charles the Second King of England c. the five and thirtieth and divers other days and times as well before as after at the Parish of St. Michael Bassishaw in the Ward of Bassishaw London maliciously and traiterously with divers other Traytors to the Jurors aforesaid unknown they did Conspire Compass Imagine and Intend our said Lord the King their Supream Lord not onely of his Kingly State Title Power and Government of this his Kingdom of England to deprive and throw down but also our said Lord the King to kill and to death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through his whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and traiterous Conspiracies Imaginations and Purposes aforesaid the said John Rouse and William Blagg then and there and divers other days and times as well before as after as false Traytors maliciously traiterously and advisedly they did assemble meet together and consult between themselves and with the said other Traytors to the Jurors aforesaid unknown and with them did treat of taking and seizing the Tower of London and of and for the executing and perfecting their Treasons and traiterous Compassings Imaginations and Purposes aforesaid And that they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there and divers other days and times as well before as after they and either of them did undertake and to the said other Traytors did promise for themselves to be aiding and assisting in the Execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid and in providing Arms and armed men to fulfil and perfect the said Treasons and traiterous Compassings Imaginations and Purposes aforesaid And the said most wicked Treasons and traiterous Compassings Imaginations and Purposes aforesaid to fulfil and bring to pass they the said John Rouse and William Blagg as false Traytors maliciously traiterously and advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of their Allegiance against the Peace of our Soveraign Lord the King his Crown and Dignity and against the form of the Statutes in that case made and provided c. Cl. of Cr. What sayest thou John Rouse art thou guilty of this High-Treason whereof thou standest indicted or not guilty Rouse Not guilty Cl. of Cr. Culprit how wilt thou be tried Rouse By God and my Country Cl. of Cr. God send thee a good deliverance What sayest thou William Blagg art thou guilty of this High-Treason whereof thou standest indicted or not guilty Capt. Blagg Not guilty Cl. of Cr. Culprit how wilt thou be tryed Capt. Blagg By God and my Country Cl. of Cr. God send thee a good deliverance Friday July 13 in the afternoon the Court being met and Proclamation made Cl. of Cr. Set John Rouse and William Blagg to the Bar. You the Prisoners at the Bar these good men that you hear called are to pass between our Soveraign Lord the King upon tryal of your several lives and deaths if you will challenge them or any of them your time is as they come to the Book to be sworn before they are sworn Nicholas Charlton Capt. Blagg I hope I shall onely speak for my self L. C. J. Yes you shall be heard Rouse My Lord I have had no liberty so much as sending for my Wife Monday Morning they gave me notice of Tryal but I have had no advantage of that notice I presumed it is meant we should have the liberty of Subjects but though notice was then given yet I had not the liberty of sending for any body till Wednesday It was 8 or 9 of the Clock on Wednesday night that one came and told me I should have no liberty of Counsell unless I had it from the Court and yesterday morning I found that Captain Blage and I were joyned in one Indictment which alters the case with submission to the Court What time I have had for Tryal has been so short I have not been able to get my Witnesses ready I desire nothing but as an English man L. C. J. As an English-man you can demand no time to prepare for Tryal for those that will commit crimes they must be ready to answer for them and defend themselves 'T is Matter of Fact you are charged with you knew long agoe what you were to be Tryed for for you were taken up and charged with High Treason You might then reasonably consider what kind of Evidence would be against you if you be an innocent person you may defend your self without question But if you have done an ill thing the Law does not design to give you time to shelter your self under any subterfuge or make any excuse or to prepare any Witnesses to testify an
Lord the King to kill and to Death to bring and put and the ancient Government of this his Kingdom of England to change alter and wholly to subvert and a miserable Slaughter amongst the Subjects of our said Lord the King through the whole Kingdom of England to cause and procure and Insurrection and Rebellion against our said Lord the King to move and stir up within this Kingdom of England And to fulfil and perfect the said most horrible Treasons and Trayterous Compassings Imaginations and Purposes aforesaid He the said William Hone and many other Traitors as a False Traytor then and there and divers other Days and Times as well before as after Maliciously Traiterously and Advisedly He did assemble meet together and consuls with divers other Evil-disposed and Discontented Subjects of our said Lord the King to the Iurors as yet unknown and had Discourse and did treat of and for the executing and fulfilling their Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And that the said William Hone together with many other Traytors as a False Traytor Maliciously Traiterously and Advisedly then and there and divers other Days and Times as well before as after did take upon himself and promise to be aiding and assisting in the execution of the Treasons and traiterous Compassings Imaginations and Purposes aforesaid And in providing of Arms and Men Armed to fulfil and perfect the said Treasons Traiterous Compassings Imaginations and Purposes aforesaid And to fulfil and bring to pass the said most horrid Treasons and Traiterous Compassings Imaginations and Purposes aforesaid he the said William Hone with many other False Traitors as a False Traitor Maliciously Traiterously and Advisedly then and there did procure and prepare Arms to wit Blunderbusses Carbines and Pistols against the Duty of his Allegiance against the Peace of our Sovereign Lord the King c. and against the form of the Statutes c. Cl. of Cr. How sayest thou William Hone art thou Guilty of this High-Treason whereof thou standst Indicted or not Guilty Hone. In some measure I am Guilty Capt. Richardson You must say Guilty or Not Guilty L. Ch. Just. You must plead to this and the way is to confess all or deny all Hone. I know nothing of the Arms. L. Ch. Just. Are you Guilty of the Treason in conspiring the Death of the King and providing of Arms for that purpose Hone. I never provided Arms I am Guilty of the Conspiracy L. Ch. Just. We can take notice of none of these odd kind of Words you talk of but either plainly Guilty or not Guilty Hone. My Lord I can truly say I am not Guilty for I know nothing of it L. Ch. Just. If you say so you say as much as is required of you at present Hone. In that understanding of it I am not Guilty L. Ch. Just. Well he says he is not Guilty Cl. of Cr. Culprit How wilt thou be tryed Hone. By God and my Country Cl. of Cr. God send thee a good Deliverance Friday July the 13 th in the Morning the Court being met and Proclamation made Mr. Att. Gen. Set William Hone to the Bar. Cl. of Cr. You the Prisoner at the Bar hold up your Hand Hone. I desire I may retract my Plea I would plead Guilty L. Ch. Just. Do you confess the Indictment Hone. Yes My Lord. L. Ch. Just. That is that you did conspire the Death of the King and in order to that that you did provide your self with Arms to do this wicked Act. Hone. I never did that My Lord I never provided any Arms. L. Ch. Just. What were you to have done Hone. That Deposition I gave before Sir William Turner is true L. Ch. Just. Tell us what you were to have done in this bloody Matter Hone. I was asked by one Mr. Richard Goodenough to go along with him and I asked him whither and he would not tell me but I understood it was to kill the King and Duke of York but he did not tell me the Place Sir Geo. Jeff. He does not confess fully we desire to try him L. Ch. J. Look you you have pleaded not guilty to this Indictment the King is willing that if you be not guilty you shall not be condemned and therefore he does desire and command the Evidence against you should be publickly given that all Persons may see that you are not without Cause brought to Tryal therefore swear the Jury The Prisoner chal'enged none but the Jury that were sworn were Nicholas Charlton Christopher Pitts Robert Beddingfield Iohn Pelling William Winbury Thomas Seaton William Rutland Thomas Short Theophilus Man Iohn Ienew Iohn Short Thomas Nicholas Then Proclamation for Information and for those that were bound by Recognizance to appear was made Cl. of Cr. William Hone hold up thy Hand which he did You Gentlemen of the Jury that are sworn look upon the Prisoner and hearken to his Cause he stands indicted by the name of William Hone c. prout aâ—tea in the Indictment mutatis mutandus upon this Indictment he hath been arraigned and hath thereunto pleaded Not Guilty and for his Trial c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner stands indicted for the most horrid Treason that ever was endeavoured to be committed in this Kingdom for traiterously conspiring to kill the King and consulting how and in what manner it should be done and for preparing Arms for the doing of it we shall prove this to you and then I hope you will find him Guilty Mr. Attor Gen. May it please your Lordship and you Gentlemen of the Jury the Part the Prisoner at the Bar was to act in this Treason was the killing of the King he was one of the Persons that were to be assisting in assassinating the King's Person We will not trouble you with the large Evidence of the Rising as we did Yesterday but we will prove these things upon him that he undertook to do it that he was concerned with the rest of the Confederates we shall shew you this is not a new thing but he hath been an old Rebel for this hath not been a new Project but hath been acting several Years Five Years ago when the King attended my Lord Mayor's Show he undertook to kill him off of Bow-Church We shall call our Witnesses and prove it fully upon him Mr. Keeling and Mr. West Mr. Josias Keeling sworn Mr. Attorn Gen. Do you tell my Lord and the Jury what you know of this Prisoner at the Bar. Mr. Keeling The first time I saw him was at the Dolphin Tavern when the Arms were agreed upon he was there then Mr. Attorn Gen. Who was there then Mr. Keeling Mr. West Mr. Goodenough and him I remember particularly and some others whom I do not at present remember and since that he hath taken notice of me Mr. Att. Gen. Was Mr. Rumbold there at that time Mr. Keeling Yes Mr. Att. Gen. Pray at
Lord in compassing the Murder of the King in raising Rebellion within this Kingdom to the overthrowing of the best constituted and the most excellent Government in the World Gentlemen he does not stand alone and therefore he is charged in the Indictment with a Conspiracy with many others I am heartily sorry to say there are many indeed there is hardly any Kingdom or Nation wherein there are not discontented persons whose narrow Fortunes or malevolent Spirits render them uneasie in that condition God Almighty hath put them but to find men that pretend to be Christians or to have any thing of Virtue and under the best of Governments that indeed is a matter of wonder and indeed it casts so great a stain and reproach upon the Protestant Name that it is not to be wiped off but by the severest Justice of the Kingdom Gentlemen this design was for a general Rising and at the same time to assassinate the King and the Duke of York this is the design which the whole course of our Evidence will open to you and lies so naked that I hope no Englishman that lives but will see through these men that have made such a noise and tumult in these latter dayes This design to assassinate the King and the Rising was designed to be in October last upon the King 's Return from New-Market and at that time there was a Noble Lord that is gone now to his own place as will appear by the Evidence that furnished them with considerable summs of money for the providing Men and Arms for the assassinating the King at that time but the Assassinates were not then ready as God appointed they should not be ready and so at that time they were disappointed Then the general Rising was put off till Queen Elizabeth's day which will open your eyes to see upon what grounds those Tumultuous Meetings were encouraged in the City to the terror of all honest men but that Rising was also disappointed because some of the Conspirators were not ready with their Men in the Countrey and then Gentlemen though it was prest on by the person I mentioned he then thought it high time to leave these Confederates to themselves Gentlemen after this we shall trace them in their several Meetings and Consultations for there was a time that they struggled with themselves which should be effected first whether they should first kill the King and the Duke or whetâ—â—r they should first rise and so prosecute him in an open Rebellion and destroy him that way And the course of our evidence will shew how ingenious these men were for it appears there were men of great ingenuity and courage as appears by the Prisoner at the Bar and they would discourse of these matters in Phrates that common persons should not understand them Capt. Walcot I do not understand you Mr. Att. Gen. I speak as loud as I can At their meetings for cutting off the King that was the executing of a Bargain and Sale and a short conveyance to come to their end The raising of a War that was under the notion and so to be discourst of of executing a Lease and Release to work both upon the possession and upon the reversion and under these mystical terms they discourst of all these subjects when they were in publick places Capt. Walcot I do not hear Mr. Att. Gen. You will hear the Witnesses and that will concern you more Then Gentlemen in these several meetings they contrived to allot every man his part some were to provide Arms others were to provide men to do the execution which was last resolved upon to be at the Rye upon the Kings last return from New-Market Gentlemen in all these parts which I hope to prove the Prisoner will appear to have a principal part in them all In all the Consultations and Advisings for the raising men wherein he was to be a principal Commander according to the skill he hath but for the Assassination at the Rye Rumbold was to conduct the Men hired for that purpose Gentlemen accordingly the time was appointed for his Majesty to come and the Assassinates to meet him there but it pleased God that that was disappointed by a miraculous Fire for so all Englishmen may call it and whereas they were to go down on Friday to Rumbold's House and the King to come up on Saturday the Fire brought him to Town on Tuesday but notwithstanding this great Providence to divert them Rumbold and others of the Confederates resolved to go on with it still and several places were appointed and several Officers appointed to view those places either between Hampton-Court and Windsor or else to do it at the Play-house or upon the Kings passage from the Play-house by Bedford-wall at Covent-Garden but if these should fail they were resolved to do it at the Bull-feast Gentlemen they went further they provided Arms which very Arms opportunely fell into our hands we seised those very Arms that were bought for that purpose to kill the King and the Duke We shall go through with it I will name you the material places of their meetings that so you may understand the Witnesses the Green-Dragon Tavern on Snow-hill the Salutation Tavern in Lumbard-street the Angel Tavern near the Exchange and Mr. West's Chamber in the Middle Temple these were some of the principal places though they had several other places wherein all these matters were consulted and transacted They had prepared a new Model of Government and they were for overturning all as all these Politicians do though they had a most excellent Government yet they had a better in their own brains or at least their share would be greater in it as all Rebels have a prospect of Gentlemen for the other parts we shall have less occasion to give evidence of now for every one had their particular part some for the great design of the rising some for the killing of the King whereof that Gentleman the Prisoner was one and there were other parts assign'd to others for taking and surprizing the Tower We will call our Witnesses and prove all that we have opened and make it as clear to you as the Sun shines such a prodigious Villany nothing but a firebrand from Hell could kindle in meâ—s minds to kill the best of Kings and to destroy the best Frame of Government Gentlemen I do not question your Justice but that this man shall pay what is due to the Justice of the Kingdom Mr. S. Jeffreys My Lord I only desire to give an account of the method of our Evidence Capt. Walcot My Lord I desire I may have the favour of Pen and Ink. L. C. J. That you shall have Mr. S. Jeffreys My Lord and you Gentlemen of the Jury Mr. Attorney hath already given you an account of the design that was to be put in execution by a parcel of evil men whereof the Prisoner at the Bar we charge to be one We shall not detain you
longer with opening the matter but beg the favour of the Court that we may acquaint you a little with the method we intend to follow in calling our Evidence for the King against the Prisoner at the Bar. In the first place my Lord we will call our Witnesses to give your Lordship and the Jury satisfaction That there was a design in general and that that design was first intended to be a general Rising over all the Kingdom in which design the Prisoner at the Barr had a very consideraâ—â— share and was looked upon to be a very proper and fit person for the managery of that part of the design For other meetings and at what places Mr. Attorney hath already opened to you We will then come to more particular agreements that were between them in order to the carrying on this admirable good work as it hath been truly stated for the destruction of the best and most merciful of Kings and for the destruction of the best of Religions the Religion of the Church of England I take notice of it because all men may know The most of these persons nay all of them concerned in this hellish Conspiracy were Dissenters from the Church of England And the better to effect this horrid villany I am sure I want words and so does any man else to express the baseness of these crimes the better to effect this thing the way it was to be done was by taking off the King and by taking off his Brother too At length after several debates and some proposals made between these persons they came to a determination and an actual resolution To take off the King and his Royal Brother My Lord we will prove generally that this was the intent of the design or the Plot in general My Lord we will then give you an account That they entred into several consultations for a new model and frame of Government for they intended to set up the people and they had even fixt a certain superiority and resolved as all people of their principles have a mind according to their several inclinations to fix the power in the people Gentlemen an old Tenent that brought the Kings Father to that untimely and horrid end by fixing the power in the people These Gentlemen had a mind to insinuate and ingage the people by fixing the power in them and saying that publick Proclamations were to be made And after this horrid and barbarous murder intended upon the King and the Duke there were Declarations to be made in the names of such and such Lords and the Associating Members of the last House of Commons these were the persons thought fit in whose hands the power of the whole Kingdom should be lodged Gentlemen after we have given you an account of the several meetings then we will come to the Prisoner at the Bar and prove against him That he had not only an hand in the first part of the plot about the rising but he was also to be one of those villains that were to murder the King I cannot express my self in more moderate Terms and I am sure no man can blame me that hears the proof Gentlemen when we have thus given you this Evidence I hope we shall satisfie the Court and all mankind That persons that have been thus guilty under pretence of Religion or under any other pretence whatsoever are fit objects of the severity of humane Laws If we prove against the Prisoner at the Bar That he had an hand in this horrid Conspiracy I make no doubt but you will shew your selves to be Englishmen loyal men and overtake all men that thirst after the Kings blood Mr. Sol. Gen. Gentlemen we will call our Witnesses and as no man can doubt but the murder of the King that vile design would have been seconded by a power to back that horrid villany so we shall shew you That this Gentleman was concerned in both parts in the immediate assassination of the King and the raising of Arms. We need not go about to give you an history of the thing any other way than in applying it to this person for there is no part of this Conspiracy he can clear himself from and all the evidence that speak of this design speak of this man as a chief Actor in it M. Att. Gen. Call Col. Rumsey who was sworn Mr. Sol. Gen. Col. Rumsey Pray give my Lord and the Jury an account what you know of the Prisoner at the Bar whether he were concerned either in relation to the murder of the King or the raising Arms. L. C. J. Mr. Rumsey raise your voice so audibly that you may be heard Col. Rumsey The first meeting I had with this Gentleman was at Mr. West's Chamber Mr. Att. Gen. Before you begin to tell of your meeting give an account of any rising that you have heard of Col. Rumsey Sir about the latter end of October or the beginning of November I was with my Lord Shaftsbury late at Night and he told me That the Duke of Monmouth my Lord Russel my Lord Grey and Sir Thomas Armstrong were at one Mr. Shepherd's house near Lumbard street He desired me to go to know what they had done about the raising Arms at Taunton I did go and Mr. Shepherd carried me up to them and they told me That Mr. Trenchard had failed them about the men and they could proceed no farther at that time L. C. J. What Shepherd was this Coll. Rumsey Mr. Shepherd the Merchant near Lumbard-street one Mr. Thomas Shepherd And so I came to my Lord the next day and told him of it and then he made his preparation to be gone for Holland L. C. J. What discourse had you with my Lord Shaftsbury thereupon What did he say What made you believe he made preparation to be gone Col. Rumsey My Lord he said there was no dependance upon those Gentlemen that met and he would leave England After that a Fortnight or three Weeks there was a meeting one day at Mr. West's Chamber and there was Mr. West and Mr. Goodenough and Mr. Wade and some body else there was but I cannot remember his Name Captain Walcot was in Holland then There it was proposed nothing was to be done by a general Rising but there was no surer way than to take off the King and the Duke and that to that intent and purpose they could not carry it on without Mr. Ferguson and so he was writ for into Holland and he came out of Holland upon that Letter and Captain Walcot with him After Mr. Ferguson's coming back from Holland there was very suddenly a meeting again and then it was concluded that nothing was to be effected without taking off the K. and D. or to that purpose Mr. Ferguson was not at that Meeting There were two or three Meetings before Captain Walcot was there to find out men and they could not find out a number of men without which Mr. Rumbold would not
meeting was had you any further design upon the King then Col. Rumsey Yes my Lord. L. C. J. Give us some account of that Col. Rumsey It was to be done a coming from Windsor to London or from Windsor to Hampton-Court or the Play-House and therefore that Arms should be ready against any opportunity that should happen let it be what it would and Mr. West did undertake to provide Arms and he told me he bought them and did not get his mony in six or seven weeks after a day or two after going to Ferguson he told him now he might have his money if he would send a Note to Major Wildman but after he was told that Major Wildman would not pay it by Note but he must send Mr. Rumbold to him for it for he would trust no body else but him And so Mr. West did send Mr. Rumbold and he was there at his house by six a clock in the morning but he was gone out of Town an hour before so Mr. West went to Mr. Ferguson and he then told him that he should have money in two or three days if he would come to him and Mr. West did go to him and he paid him an hundred pound Mr. Att. Gen. Was there any provision made for a Rising now again Col. Rumsey Yes this general Rising by this division of the City was intended to be ready against the first opportunity that hapned Mr. Att. Gen. Before this Discovery did you keep up these Meetings Mr. Sol. Gen. When was your last time Col. Rumsey My Lord I think it was the very Thursday before the Discovery but then on Friday or Saturday we had inklings that this was discovered and did meet at the George upon Ludgate Hill L. C. J. Who met then Col. Rumsey I think it was the very Thursday before I am not very certain we mâ—t at the Salutation in Lumbard-Street and there was Captain Walcott Mr. West Mr. Wade the two Goodenoughs and Mr. Nelthrop and my self Mr. Att. Gen. What did it come to pray what was your Discourse then and Resolution Col. Rumsey The Resolution was still to carry it on We went thither to know of Mr. Goodenough what was done about the other thirteen parts he told us he had no account but he said he thought he should have a Meeting on Saturday in the afternoon at Ludgate-Hill at the George to have his answer but the Discovery coming there did only meet Mr. Norton Mr. Bourne there was another I don't know who the other was there was a fourth Mr. Att. Gen. Mr. Rumsey Pray after the Discovery What did you resolve upon What Meetings had you upon your Flight Col. Rumsey We met at Capt. Tracey's Mr. Att. Gen. What day was that Col. Rumsey That was upon the Monday after the Discovery Mr. S. Jeffreys Who was there Col. Rumsey There was Capt. Walcott Mr. West Mr. Wade Mr. Nelthrop the two Goodenoughs and Mr. Ferguson Mr. Att. Gen. What did you discourse of there Col. Rumsey There was exclaiming against Mr. Keeling and taking Resolutions to be gone L. C. J. Mr. Keeling What was Keeling Col. Rumsey Mr. Keeling was he that made the Discovery Mr. S. Jeffreys Have you ever been in Keeling's Company Col. Rumsey I was that time we met at the Salutation he came in there for a quarter of an hour L. C. J. Look you Sir Do you know Capt. Walcott Are you sure it is that Gentleman at the Bar Col. Rumsey Yes my Lord. L. C. J. Hath he owned always the Name of Walcott Col. Rumsey Yes my Lord. L. C. J. What did he say to Mr. Keeling when he came to the Salutation Col. Rumsey There was in that very days Gazette a Report of a Rising at Cologne and one Gulick that headed them and said Mr. West to Keeling he should be our Gulick Mr. Att. Gen. Pray how did he interpret it at that time Col. Rumsey Mr. West said that Gulick was Keeling Gu was Keel and lick was ing Mr. S. Jeffreys A Quirk upon his Name Mr. Att. Gen. When you resolved to flie Had you any discourse of making a Stand and fighting the Government then Col. Rumsey Not that I know of I was not all the time with them L. C. J. Look you Colonel Rumsey let me ask you this What was Keeling to do Was there any Post assigned to Keeling in this Col. Rumsey I never saw him before L. C. J. How long was it before the Discovery that you did see him Col. Rumsey The Thursday before L. C. J. At the Salutation Tavern Col. Rumsey Yes he was there call'd Gulick Mr. S. Jeffries If Captain Walcot will ask him any Questions he may L. C. J. Look you Mr. Walcot now you may ask Colonel Rumsey tell me what Questions you would have asked and I will ask him Capt. Walcott I desire Colonel Rumsey may be asked Whether I ever met at Mr. West's Chamber till after His Majesties Return from Newmarket L. C. J. Look you Sir you hear the Question it is Whether ever Mr. Walcot met with Mr. West till after the King 's Return from Newmarket Col. Rumsey Till after L. C. J. Till after the King's Return Col. Rumsey Yes Sir Capt. Walcott My Lord I have sufficient Evidence against that Mr. S. Jeffries I think that he was to undertake the Guards that was before the King came from Newmarket L. C. J. He hath given this Evidence He was there and he would not attaque the Coach he would not meddle with the King but he would fall upon the Guards Capt. Walcott Shall I speak a word my Lord L. C. J. Look you I will tell you you shall have your Answers to these things you have Pen Ink and Paper Capt. Walcott But I have a bad memory and I am afraid I shall forget this very thing Mr. S. Jefferies I hope the Jury will not forget it L. C. S. Look you Mr. Walcott we must not admit you to break in upon the King's Evidence when that is heard you shall have your liberty to make your Answer to any thing and call any Witness Col. Rumsey My Lord I will give one Instance more There was one Meeting at the Five Bells in the Strand where there was only Ferguson Captain Rumbold Mr. West Goodenough and my self And Mr. Ferguson told us that Night that Captain Walcott would come the next Meeting we had at Mr. West's Chamber L. C. J. Then Captain Walcott was not with you at the Five Bells Col. Rumsey Mr. Ferguson told us he would come in the next time at Mr. West's Chamber and there he did come L. C. J. And that was before the King went to Newmarket Pray Sir answer this Was this before the King went to Newmarket or not Col. Rumsey No my Lord this was when he was at Newmarket for the King was at Newmarket when he and Mr. Ferguson came from Holland the King was then at Newmarket Mr. S. Jefferies Now we will call Mr.
last meeting before the Discovery that you were at Mr. Bourne The Saturday before the Discovery we met at Captain Traceys and that evening we haâ— some intimation that there was a Discovery made And I went again on Munday Morning Mr. Att. Gen. Who was there Mr. Bourne Captain Walcott Mr. Ferguson Mr. Goodenough Mr. West Mr. Norton and my self one Captain Pottle came in but he did nor stay Mr. Att. Gen. Collonel Rumsey was there to was not he Mr. Bourne Yes Sir L. C. J. And what did you resolve upon then Mr. Bourne Truly they resolved upon nothing I left them upon the debate of killing Mr. Keeling Mr. Att Gen. Why would they kill him was that debated among them Mr. Bourne Yes because he had made the Discovery Mr. Att. Gen. Did you hear them talk of standing to it with Swords in their hands Mr. Bourne Yes rather than be hang'd they thought that was the better way and to have Keeling dispatched out of the world L. C. J. Look you Sir did any of them talk of securing themselves Mr. Bourne The next morning I went again and they were all gone but Mr. West they had all secured themselves L. C. J. Was the Prisoner at the Bar there at that time when they consulted about killing Mr. Keeling Was he there at that meeting on Munday morning Mr. Bourne He was there at Captain Traceys he was there I think all the while while I was there for I was not there all the time L. C. J. To Walcott Now Sir what Question would you have Cap. Walcott My Lord if you please I would ask whether he ever heard me say any thing more or less of assassinating the King L. C. J. In the first place did you hear any thing in general of assassinating the King Mr. Bourne I did hear of it my Lord when the thing was over And as to his question I did never hear him discourse of that matter I understood the design was prevented L. C. J. Who did you understand that from Mr. Bourne From one Mr. Row and Mr. Ferguson Mr. Att. Gen. Pray in all your meetings was there no discourse of killing the King and the Duke Mr. Bourne Very little Mr. S. Jeffreys The discourse was about securing the King while Walcot was there Mr. Bourne There was such discourse in several meetings It was said it would be well if they were off and the discourse was about Lopping Mr. Att. Gen. Pray tell my Lord What discourse you had of Lopping and the general Point Mr. Bourne They said there was no way like Lopping them Mr. Att. Gen. What was understood by that Mr. Bourne The taking off the King and the Duke of York L. C. J. Was that the usual Phrase among you to signifie that Mr. Bourne Yes my Lord. L. C. J. Was he there Mr. Bourne I have heard it several times and I suppose he was there at the hearing of it L. C. J. To Walcott Look you Sir he speaks of the time of discourse of securing the King and says you were there then Capt. Walcott I had no hand in it Mr. Att. Gen. We will nail it home upon you we will call Mr. West Who was sworn Mr. S. Jeffreys Come Mr. West do you tell my Lord and the Jury the whole Story Mr. West My Lord I came acquainted with the Prisoner at the Bar last Summer Vacation by the knowledge of one Wilcocks who I suppose return'd his mony out of Ireland I heard a very fair Character of him and he I suppose met with such an one of me which did incline us both to an Intimacy and to talk freely with one another About the middle of October I observ'd a general Discontent in the City and was afraid there was some Design in hand and was very inquisitive to know it I was unwilling to be involved and surprized into a sudden Ruine and so thought fit to inquire of them that were most likely to be concerned I took Capt. Walcott for one being inform'd that my Lord Shaftsbury had sent for him out of Ireland and Capt. Walcott told me that my Lord was also sending for some Scottish Gentlemen on occasion of Carolina but that he was very cool in Carolina business and that that was but a Pretence My Lord one morning Capt. Walcott came to my Chamber and we discours't concerning the Election of Sheriffs carried on in the City contrary as we thought to the Justice of it Says he Will the People do nothing to secure themselves With that he told me a Secret and said there was a Design of an Insurrection to be made within three Weeks or a Month that would make us free or worse I told him I thought it was a certain way to bring us into a worse condition and that it was very full of hazards He told me then he did not know whether he should be concerned But a little while after he told me my Lord Shaftsbury was engag'd in such a Design and he had engag'd him in it and he told me he had an expectation of being a Colonel of Horse and ask'd me If I would have any Command under him I told him I knew some Gentlemen of the Temple that I might engage in it but I told him I had not a Constitution to bear the Toils of War My Lord he told me then That my Lord Shaftsbury to the best of my remembrance had another Design upon the King and the Duke as they came from Newmarket in October last but he told me he abhorr'd any such thing it was ungenerous and he would not be concern'd in it but only in a general Insurrection But this he did tell me I think before the thing was to be executed I imparted it to no Body till after the time of both was past But in the discourse of the Insurrection he told me I should lend him a Suit of Silk Armour which I bought about 4 or 5 years ago when the Popish Plot broke out and he would have had me kept that and used it my self which I did decline Then he told me he had very good Swords in Ireland but he wanted them here Says he I am a man that am observed because I have a Correspondence with my Lord Shaftsbury and asked me If I would provide him a good stiff Tuck I told him I would and I did bespeak one but before it was done the Design was laid aside and the Tuck was left upon my hands I came to understand that the Design was put off by means of Mr. Trenchard who had discours't about a Fortnight before of great Forces he could raise in the West and the Duke of Monmouth sent for him but his heart fail'd him and he could not raise any men upon which my Lord Gray calâ—â—d him Coxcomb This was about the 19 th of November Mr. Att. Gen. What time of November Mr. West The 19 th Mr. Att. Gen. But upon what day Mr. West Queen Elizabeth's days Mr.
Att. Gen. No Sir that is the 17 th Mr. West Now after this I understood by Capt. Walcot that Mr. Ferguson had the management and conduct of the Assassination in October and that he likewise was acquainted with the Insurrection and was a great man in it I met with Mr. Ferguson and fell into discourse with him and he treated me as he always did with a long story of the miseries of Scotland and that the people were all in slavery and bondage and would be so here if they did not free themselves and says he there are two ways thought upon for it one is by a general Insurrection and that is gone off the other is a much more compendious way by killing the King and the Duke of York My Lord I told him I thought the first way was a very dangerous way that the people were in no sort of capacity to carry it on that the Government had the Navy and the Militia and this would at the best entail a long War He told me he thought the other was the best way and we went to a Tavern where Col. Rumsey and one Row and he and I went divers times They proposed to meet at my Chamber as a place of privacy and little observation My Lord when they came to my Chamber Mr. Ferguson proposed several ways of doing it One way was as the King and Duke had their private visits in St. Iames's where it was an easie thing for Sword-men to kill them There is one thing I have omitted and that was after the design of October had miscarried I think to the best of my remembrance Capt. Walcott told me there was another design of attaquing the King and the Duke at my Lord Mayors Feast in the Hall or in their return home in Pauls Church-yard or at Ludgate and Mr. Ferguson did likewise tell me the same thing but the King not dining there the thing was wholly disappointed Another way that he proposed was that they should do it as the King and Duke went down the River they should lie behind some small Ships within a Hoy or some such thing and so overrun their Barge and if that fail'd they should break a plank with their Blunderbusses and so sink them Another way was at the Playhouse and that was to be done in this manner there should be 40 or 50 men got into the Pitt with Pocket Blunderbusses or Hand Blunderbusses and Pistols and Swords and when the Musick struck up between the Acts they should fire upon the Box but this this they thought was hazardous and therefore they thought it better to do it as he came back and pitched upon Covent-Garden under Bedford-Garden Wall because there was a conveniency for a great many men to walk in the Piazza and there might be another parcel of men planted at Covent-Garden Church Porch and within the Rails where horses could not come and while the men within the Rails fired the men in the Piazza might ingage the Guards and they in the Church Porch to come down and secure them from escaping Mr. Sol. Gen. When was this time Mr. West I think it was before Mr. Ferguson went for Holland And my Lord there was another thing propos'd I think it was Colonel Rumsey did say He wonder'd that the Lords and great Men that were so fond of the thing did not raise a Purse and buy some Body an Office who should rail against the Duke of Monmouth and the Whigs and by that means get himself an opportunity of access to the King's person My Lord after these Discourses when my Lord Shaftsbury retir'd to Holland Mr. Ferguson thought fit to do so too He was afraid of a Book that he had printed and away he went and Capt. Walcott with him In the mean time I met Col. Rumsey several times and several things were offer'd but nothing resolv'd upon A little after Christmas we met at the Salutation-Tavern in Lumbard-street and there it was agreed we should send for Mr. Ferguson and there I writ a canting Letter that he should come over for his health for he was the only man that could manage the Affair When he came over there was one Meeting at the Five Bells but I came in just as they were coming away and cannot say what past there After that they came several times to my Chamber and there Mr. Ferguson Mr. Goodenough and Mr. Rumbold undertook to provide the men L. C. J. The Men for what Mr. West The Men for the Assassination That I was not concern'd in either in Person or Purse or to procure any Body for it And they did agree to do it in the going to or from Newmarket and thereupon were several Debates Whether it should be done at their Going or Coming Back Against doing it Going Down it was objected That the Guards were left here and there and they went together but very often they return apart and therefore it was not the safest way Going Down and nothing also being prepar'd so it was resolv'd to be done Coming Back Then it was consider'd what Arms should be provided Mr. Rumbold was the Man to manage that matter and was to procure some Blunderbusses some Carbines and some Pistolls but there was nothing to be prepar'd as I know of by other persons but every Man was to provide himself Several Meetings there were they brought their Notes and conferr'd together about the Men but I remember no Names but Keeling and Burton And Mr. Goodenough said he had spoke to one Hone a Joyner and I think he spake of one Manning and these are all the Names I can remember After they had conferr'd their Notes I ask'd Mr. Ferguson What provisions of Mony he had made Says he I shall have Mony when the Men are provided but not till then For said he the last time there was some Mony rais'd and put into a Man's hand who never returned it but since I understand it was paid to Mr. Goodenough And Mr. Ferguson said Mr. Goodenough call'd him Fool for returning some Mony he had and not keeping it for his own use and my Lord Shaftsbury had often complain'd of that Injustice done him The Colonel said Mr. Charlton should pay the Mony There was a further Debate How these Arms should be got down to Mr. Rumbolds It was proposed to send them down by Smithfield Carts in Chests Others to send them down by trusty Watermen who were to cover them with Oysters Others that the Men should carry them but no Resolution taken Then it was consider'd how they should get off The next thing was how they should execute this and it was propos'd That one Party was to fall upon the Coach-Horses a second upon the Coach a third upon the Guards Captain Walcott would not undertake any thing but the Guards Capt. Walcott What do you say Sir Mr. West Sir I do say you were at my Chamber and did say you were to command that Party of Horse that were
to attaque the Guards It was to be done at Rumbold's House they were to lie there Pardue till the King just came down upon them Mr. S. Jeffreys At the time of the Assassination Mr. West Yes Sir Mr. Att Gen. Where were these Arms to be carried Mr. West To Rumbold's House I did not see it But he said he could keep them all private where no Body could see them till the time of the Execution And that there was a Gate they were to pass through that he could shut upon the Horse-Guards that they should not be able to come in for their Relief Mr. Rumbold said he would bring them off and said he thought it dangerous for them to go the Road-way but he would bring them over the Meadows and come in by Hackney Marsh But the way which the Prisoner did most approve of was That they should retire within his Wall there keep till Night being a Place they could defend against any Force for a days time Mr. Att. Gen. Where was this Resolution taken Mr. West This Resolution was taken at my Chamber My Lord As to the Attempt when they design'd to make it upon the King 's coming from the Play-house one Mr. Row said he had discours'd with one Gibbons that was the Duke of Monmouth's Servant about it and ask'd him If any of their Family knew of it Yes says he they all know of it but they will not be seâ—n in 't and said that he shew'd him the place My Lord in one of the Discourses I had before Mr. Ferguson went for Holland I had a mind to be rid of the thing but I did not know how so I created difficulties and said I suppose the Duke of Monmouth is to get most by it what Security will you have you shall not be hang'd when the thing is done He is bound said I in Honour to hang us all and make Inquisition for this Blood otherwise they will say he is a Party Says he What if I get it under his Hand But said I engage his Servants and that will stick upon him There is one thing I have omitted which was in the first Discourse with Capt. Walcott about the Insurrectiâ—n of November he told me that my Lord Shaftsbury was preparing a Declaration to be published in case of an Assassination or Insurrection and he ask'd me If I would undertake to do one too For says he I would have several People draw it to pick one good one out of all And he told me he had made some Collections towards it and shew'd me a Paper which was a Collection of all the Passages in the Three Kings Reigns K. Iames Charles I. and this Kings that he call'd Attempts to introduce Arbitrary Government and Popery and concluded taxing them with some personal Vices and that the Government was dissolved and they were free to settle another Government These I perceiv'd were the Topicks my Lord Shaftsbury laid weight upon I told him that this did require an exact knowledge of the History of those Times and I would not undertake a thing to which I was not competent and so he desir'd me to burn the Paper which I did But for any other Declaration my Lord Shaftsbury kept his Paper to himself and I never did see it though I desir'd it Mr. S. Jeffreys Can you remember in whose Name the Declaration was to run Mr. West No I do not remember that Mr. Att. Gen. After the Disappointment what Meetings had you Mr. West Sir I will tell you when the News of the Fire came they adjourned to my Chamber and there considered what they should do they were in no readiness nor had any Horses Nay I believe the thing could not have been Effected if the Fire had not happened and I was very glad it could not but for that I am in the Charity of the Court They did endeavour to put things in a posture to see if it could be done another day I think they met on Thursday Night and Friday Night but they said the King would be at home the next day and the thing was laid aside My Lord A day I think or two after I went into the City and went to the Dolphin Tavern where I met with Colonel Rumsey and this Mr. Keeling came in he was there talking of Blunderbusses and Pistols in down-right English I told him it was a foolish thing to talk so before Drawers and that was the occasion of calling them by the Names of Swan-quills Goose quills and Crow-quills After this thing we met the next Week not at my Chamber Col. Rumsey was mistaken in that but at the George and Vulture There was Captain Walcot Mr. Goodenough Mr. Ferguson one Norton and one Ayliff They discours'd of the late Disappointment and that one reason was they had not Arms in readiness Then they agreed That Arms should be bought and the Number was Ten Blunderbusses that should be twenty or two and twenty inches in the Barrel Thirty Carbines eighteen inches And Thirty Cases of Pistols to be Fourteen inches My Lord It was put upon me to provide them for this reason because I was serviceable to them no other way and could have a pretence for buying them because I had a Plantation in America but Mr. Ferguson was to pay the Money My Lord I did bespeak the Arms and paid for them with my own Money and was not paid again a great while Mr. Ferguson disappointed me but at last told me if I would send to Major Wildman he would pay me But he told me before that one Mr. Charlton when he came to Town would pay me but I had none of him So I told him I bought those Arms upon a pretence I intended to use them and had spoke to a Sea-Captain to carry them off to a Plantation where I had a Concern my self After that Mr. Ferguson sent to me to take my Money so I came to him and found with him Mr. Charlton and another Gentleman whom I could not distinguish because it was duskish Mr. Charlton went down and then says Mr. Ferguson I have your Money for you and he paid me in Fourscore and thirteen Guinneys which was something more than the Arms cost and said he had not the Mony above half an hour in his hands by which I did guess it was Mr. Charlton's Money Another thing was at last meeting with Mr. Ferguson he did say There was a Man imployed to see what conveniency there would be for an Assassination between Windsor and Hamptâ—n-Court but that was never reported and so laid aside That is all I can say concerning the Assâ—ssination but I believe they did intend to carry it on for Coll. Rumsâ—y did tell me He saw the Hearts of all the Great Men were upon it and it would be convenient to have an Army to back it But in case this Assassination had gone on these things were to be done It was Design'd the Lord Mayor and the Sheriffs
securely and you did undertake as several Witnesses say not only Mr. West but Col Romsey and another of them Bourne I think it was That you would fight the Gaurds if you might have a considerable number of men Capt. Wal. My Lord If ever I was at Mr. Romballs house unless it was when I travelled from York by Norwich and came to London if ever I was there since then I am Guilty of all the Roguery imaginable Mr. West I never heard my Lord Mr. Romball say he was there but Col. Romsey told me so Col. Roms My Lord he bought an horse and he said he did intend to go down and indeed to the best of my remembrance he did say he was down but I am not certain but he did buy an horse that cost him I think twenty pounds L. C. Just. For that purpose Col. Romsey Yes L. C. Just. Now you hear this is a little more particular than the other Col. Romsey did say before that you did agree to go down and as he believes you did go down Col. Roms I believe Mr. West may remember he bought an horse for that purpose Mr. West I remember he bought an horse for service but I can't say it was to go down thither L. C. Just. It does import you to tell us upon what account you met so often and what was your meaning in hearing these things and consulting of them and what your raising of men was for and the Declaration written for the people to please the people when this Assassination was over Capt. Wal. The Declaration Mr. West saies was in October last Mr. West I take it to be so My Lord to the best of my remembrance there was this passage saies he I believe in a month or three weeks you will be better or worse so that I measure it by that Cap. Wal. My Lord Mr. West does tell your Lordship a very long story and sometimes he names one Gentleman and sometimes another I am very fearful the Iury will be very apt to apply all to me who was the man least concerned for I had the Gout for several weeks together and Mr. West came several times to my own Lodging to see me And for that of Assassinating the King it never entred into my thoughts more or less but here are four Gentlemen who by their own Confession are sufficiently culpable they to wipe off their own stains are resolved to Swear me out of my Life L. C. J. What made you among them Mr West I do take it upon me he was there three or four times Cap. Wal. I did not stir for three weeks or a month I came to Town on Ashwednesday and then fell ill of the Gout and that continued for divers weeks for a months time that the King was at New-Market I am confident I was not out of my Chamber unless I made a shift to scramble to Stepney and dipp'd my foot in every Well of water I came by Mr. West My Lord I do remember this passage The he was afraid he should not be able to draw on his Boot because he had the Gout Cap. Wal. I desire to know my Lord when is the time Mr. West speaks of that I gave an account of killing the King at my Lord Mayors Feast Mr. West I do not charge you positively with it but I had it from you or Mr Ferguson but I must do the Prisoner justice he said he would be no way concerned in it Mr. Att. Gen. Pray Swear Mr. Blaithwaite which was done Mr. Blaithwaite pray tell my Lord and the Iury whether Capt. Walcot owned that to be his hand A Letter being then produced from Captain Walcot to Mr. Secretary Jenkinâ— Mr. Blathwait My Lord I remember when Captain Walcot was Examined before the King he did own this to be his Hand Sir Geo. Jeff. Give it in Cl. of Cr. Honoured Sir Iuly 5 th 83. L. C. J. Who is it directed to Cl. of Cr. There is no Direction Mr. Blathw It was Directed to Mr. S. Jenkins as I find by the Minutes I then took of it L. C. J. Here is the Cover it seems Cl. of the Cr. To the Right Honourable Sir Leoline Jenkins c. Honoured Sir I Being in the Country and to my great trouble seeing my self in his Majesties Proclamation I came last Night to Town resolving to lay my self at his Majesties Feet let him do with me what he pleaseth This it the first Crime I have been Guilty of since His Majestie 's Restauration and too soon by much now If his Majesty thinks my Death will do him more good than my Life God's Will and His be done Vntil I sent your Honour this Letter my Life was in my own power but now it is in the Kings to whom I do most humbly propose That if his Majesty desires it I will Discover to him all that I know relating to England Scotland or Ireland which I suppose may be something more than the Original Discoverer was able to acquaint His Majesty with especially as to Ireland There is not any thing His Majesty shall think fit to ask me but I will answer him the Truth as pertinently and as fully as I can My intimacy with a Scotch Minister through whose Hands much of the Business went I judge occasioned my knowing very much And I do further humbly Propose That â—f His Majesty thinks it advisable I will fâ—llow those Lords and Gentlemen that are fled into Holland as if I fled thither and had made my Escape also and will acquaint the King if I can find it out what Measures they resolve of taking next I do assure His Majesty the Business is laid very broad or I am misinformed And I am sure as to that particular if my being with His Majesty and your Honour be not Discovered I shall be ten times abler to serve him than either Mr. Freeman or Mr. Carr for they will trust neither of them There 's scarce any thing done at Court but is immediately talk'd all the Town over therefore if His Majesty thinks what I have presumed to propose Advisable I do then further most humbly Propose That my waiting upon His Majesty may be some time within Night that your Honour will acquaint me the Time and Place where I may wait upon you in order to it and that it may be within Night also and that no body may be by but his Majesty and your Honour And if His Majesty pleaseth to Pardon my Offences for the Time past he shall find I will approve my self very Loyal for the future if not I Resolve to give His Majesty no further Trouble but to lie at his Mercy let him do with me what he pleaseth I purpose to spend much of this Day in Westminster-Hall at least from Two of the Clock to Four I beg your Pardon I send your Honour-this by a Porter I assure your Honour it was for no other reason but because I would not have a Third
Person privy to it and that I might have the better opportunity to make good my Word to his Majesty and to approve my self Your Honours most humble Servant THO WALCOT Mr. Att. Gen. Swear Capt Richardson which was done Capt. Richardson My Lord On Sunday at Night Mr. Walcot desired to speak with me and he seemed very desirable to wait upon His Majesty and unbosom himself to the King Mr. Attorney saâ—d I should give him Notice to prepare himself for his Tryal which I did and told him He should want nothing to prepare himself for his Tryal Yesterday Morning his Son came and I sent my Clerk to stand between them and he had prepared this little Paper tyed close with a Thread which my Man told me he did intend to give his Son and he desired me since I had Discovered it I would make no use of it The Letter was to Captain Tracy that was his Land-lord to speak to Coll. Rumsey That he would be tender of him and tell him He had ground enough to serve the King upon other Men and also to speak to Mrs. West to desire the same thing of her Husband The last Words of the Note were If you cannot be private leave the Issue to God L. C. J. Mr. Walcot Have you any thing to say for your self against this plain Evidence Capt. Walcot My Lord They have taken a great deal of pains and made long Speeches though very little of them relating to me though too much Coll. Rumsey tells your Lordship of a Design they had to Assassinate the King and carrying on a War or something like it when I was out of the Kingdom That at Mr. Sheppard's House they drew up a Declaration and that upon Mr. Trenchard's saying things were not ready This was before I came into England and he says This was agreed at Mr. West's Chamber befoâ—â—â— came out of Holland That Rombald undertook it Then he says That after I came over I undertook to Charge the Guards while the King was Killing My Lord That was a very improbable thing for I look upon it that there is no difference between killing the King and securing his Guards These Gentlemen by what they have said do sufficiently convince the Court and all that hear them that they are sufficiently dipp'd themselves Here they Combine to take away my Life to save their own Then they tell you ' That Mr. Goodenough and Mr. Rombald brought Notes about Men that were to Assassinate the King but they do not tell your Lordship I was privy to any of these Notes nor that I knew any of them It 's in it self very improbable That I would ingage in so desperate an undertaking with Men I never saw nor heard of in my life Then he tells you That Mr. Ferguson had been at a place where I was there they inquired what Mr. Goodenough had done and withal they told you They met at my Lodging now that their meeting was ar'my Lodging was by Coll. Rumsey's appointment I knew nothing of it Most of these Meetings were by Coll. Rumsey's Appointment or Mr. Wests I accidentally came amongst them sometimes but all my business was only to hear News nothing was agitated concerning Killing the King or Levying of War more or less as I know of I must confess I did hear that there was a Design by a great many Lords and Gentlemen and others for Asserting of their Liberties and Properties but I was never in any Consultation with them or any Message to them nor I never saw one of these Lords that I know of that are said to be concerned Therefore I say 't is very improbable I should be so far concerned as they seem to represent it they met at the Five Bells they allow themselves I was not at that meeting For Mr. Keeling he does not at all Charge me What I said to Mr. West relating to the business he talks of in October last that my Lord is out of doors in point of time I pray God forgive him for what he has said I can't say more than I have L. C. J. Pray where do you live Where is your Habitation Capt. Walcot My Habitation is in Ireland my Lord. L. C. J. Pray what do you here Capt. Walcot I was invited by my Lord Shaftsbury to go Governor to Carolina L. C. J. That Design was a great while ago frustrated Capt. Walcot My Lord it was some while before I came over and so my Lord gave his Commission to another But being in England my Lord Shaftsbury invited me to go to Holland with him which I did and when he dyed I came to London I had not been here a Fâ—rtnight but I fell ill of the Gout and that continued Three months Another thing was my Son was here and I designed to Marry him and make Provision for my younger Children My Lord I have a competent Estate I hope it is no great Crime for a man of an Estate to be here L. C. J. You confess you heard some discourse of these things What made you to frequent their company when you heard these things Capt. Wal. It was my folly to do it L. C. J. Ay but you are to understand that Folly in these Cases is Treason Capt. Walcot I conceive my Lord 't is only misprision of Treason I did hear of a great deal that these Gentlemen have said and that there would be an Insurrection but I had no hand directly or indâ—rectly in it nor did it enter into my thoughts either directly or indirectly the Death of the King When some Gentlemen have talked to me of it I Abominated it and told them it was a â—candalous thing a Reproach to the Protestant Religion for my part I had Children would bear the Reproach of it and I would have no hand in it L. C. J. Look you Capt. Walcot That you did deny to do the Fact to Assassinate the King that is very true they say so that you did always deny it for you stood upon this point of Gallantry a Naked man you would not Assassinate And then you talk of misprision of Treason for a man to hear of Treason accidentally or occasionally and conceal it is but misprision but if a man will be at a Consult where Treason is hatched and will then conceal it he is Guity of Treason therein therefore do not mistake your Case So that your Point of Law fails you and every thing fails you in this Case It appears plainly by them That you were not only Privy to the Consult as an Auditor but as an Actor you chose your Post and upon this point of Gallantry you would venture your self not upon a Naked Man but upon persons that would Oppose you Cap. Wal. Certainly no man that knows me would take me for such a very fool that I would kill the Kings Guards as if I were not sensible that was equal Treason with the other Mr. Att. Gen. Ill men are always fools Capt.
Wal. 'T is clear they have laid their heads together they have contrived to take away my Life to save their own 't is plain enough L. C. J. There is nothing more reasonable nothing more just in the World than to make use of some Traitors to discover and convict the others else would Treason be hatched securely There is no body capable where Treason does not take effect of making an Evidence in such a Case but some of you that are the Conspirators You do not publish it at the Market-Cross And if you could gain but this point that none that are concerned with you in the Conspiracy should be Witnesses it would be the securest thing in the World to hatch Treason For you would be upon this point Either it shall take effect and then 't is too late or if it do not and the Conspirators are not to be believed then I am secure no body in the World can convict me Juror We desire he may be asked what he says to the Letter L. C. J. Well what say you to it You have made proposals you will Discover others and you will give intimation to the King of the measures the rest of the Conspirators were taking in Ireland and other places upon what design did you write that And what induced you to it Cap. Wal. My Lord I have told your Lorship that I have heard a great many discourses relating to that thing and heard it mostly by Mr. Ferguson with whom I had a very great intimacy and I did according to my promise give that accompt of it but if his Majesty would not believe me I can't help it but the King was not pleased with me because I could not descend to particulars And I could not because I never had been in their Company nor knew nothing but what I had once by a private hand I dealt ingenuously and truly with the King and told him what I knew L. C. Just. Pray observe the Contents of your Letter You made this proposal That you being in the Procâ—amation you where one of the fittest men to understand and spell out the measures of the other persons By this it is plain you took your self to have an intimacy and some Intrigue with the other persons that you thought were impeached Your Letter does import that you had such an interest with those persons that they would have communicated their Counsels to you Cap. Walc My Lord I never spake but with Mr. Ferguson who was a man they did much confide in and I knew very well that by my interest in Mr. Ferguson I shou'd have an interest in the rest But truly whether the Duke of Monmouth be there or not I know not I do not know him if I meet him I was never at any Consult never at any of these debates L. C. Just. What did you mean by this That this was your first crime you knew what you was charged with it was for High Treason Capt. Walc My Lord 'T is my first crime My Lord I have heard there was an Insurrection intended I have heard of the persons that were to carry it on I did look upon this as a misprision of Treason but that I ever acted in it or intended it I utterly deny L. C. J. The last Question is Whether you have any Witnesses Cap. Wal. I have only a young man or two if he be here to prove the time that I was ill of the Gout and therefore it is improbable I should be so far concerned L. C. J. I must tell you before-hand that an argument from the Topick of probability will do you but little Service when there is positive Evidence against you This it will import you to make a little Anwser too if you can What you meant by your application to Col. Rumsey desiring Cap. Tracey to speak to him and Mr. West What do you mean by that Cap. Wal. My Lord would not any man in my circumstances desire a man to deal tenderly with him L. C. J. Well is this young man come in Come Sir what have you to say on the behalf of the Prisoner at the Bar Or will you ask him any Questions Cap. Wal. Only about what time I fell ill of the Gout and how long I continued so L. C. J. Do you know about what time he fell ill of the Gout and how long it continued Wit My Lord I can't certainly remember the time but I believe it was about three months I can't tell certainly when it began Cap. Wal. My Lord It is very improbable that when I was not able to put a Shooe on nor wear a Boot I should ingage in so hazardous and desperate an undertaking L. C. J. Have you done Sir Cap. Wal. Yes my Lord. Mr. Sol. Gen. May it please your Lordship Cap. Wal. The Iury will take notice here are four men to save their own Lives Swear me out of mine Mr. S. Gen. May it please your Lordship and you Gentlemen of the Iury The Evidence you have heard has been very long and I observe that Cap. Walcot has complained of it it has been delivered mostly in general terms and is afraid you should not apprehend it aright to see those parts wherein he is concerned but mistake what is said in general to be spoken against him I will therefore do him the justice as to recapitulate that part of the Evidence that does immediately concern himself It has been very full and given by every one of the four Witnesses that have been produced against him besides the Letter under his own hand which is twice as many more The first Witness I shall remind you of is Mr. West tho not produced first yet because his Evidence goes further backward his acquaintance began with him in last Summer Vacation he became soon intimate with him and Cap. Walcot did unbosom himself and tell him that there was a design to make an Insurrection that it was my Lord Shaftsbury's design that he was to be an Officer I think he said a Colonel of Horse he invited Mr. West to partake with him in that design and did propose to him the advantage of a Command in the Army but he not being qualified declined it He tells you further that he did acquaint him there was a design to Assassinate the King and 't is easie enough to be believed if there was one designed the other was too And you see all along the only dispute was whether the Assassination should be first or follow for to raise Arms against the King is directly to Assassinate the King for it cannot end any other way with security to those that raised it He told Mr. West he would not be concerned directly in the Assassination but in the Insurection he would he was perswaded to come in this was last October discoursed with Mr. West they were to rise in November Then Col. Rumsey comes in and he tells you that there was a design to rise in November The
that Meeting tell the Jury what Discourse you had for many of these Gentlemen are not the same that were on the Jury yesterday Mr. Keeling It was discoursed then of the King 's coming home from New Market the Saturday after the Fire Mr. West told Mr. Rumbold he heard the King would come home that Day but says he I don't believe it says Rumbold I hear he will come home on says Mr. West I hear so too They said they hoped they would not come home on Monday Says Mr. West to Mr. Rumbold then How many Swan Quills Goose Quills and Crow Quills and how much Sand and Ink must we have I think the Prisoner at the Bar must needs remember it as well as I. It was agreed by Mr. Rumbold I think I am exact in the Number and he was by and heard all the Discourse Mr. Att. Gen. What did they mean by this Mr. Keeling By Swan Quills they meant Blunderbusses by Goose Quills Muskets and by Crow Quills Pistols and by Sand and Ink Powder and Bullet He took Acquaintance with me after that Meeting for I never saw him as I know of before and after some time he told me he was one of them that was to go down to Rye to Assassinate the King And since that at a Coffee-house in Swithin's Alley he told me It would never be well till the Black-Bird and the Gold-Finch were knocked on the Head they being Terms I did not understand I asked him what he meant he said the King and Duke of York Sir Geo. Jeff. You are sure that is the Man Mr. Keeling I am sure that is the Man VVilliam Hone. Sir Geo. Jeff. What is that the Man that talked of the Black-Bird and Gold-Finch Mr. Keeling I am sure that is the Man Mr. Att. Gen. Now swear Mr. West Sir Geo. Jeff. If Mr. Hone has a mind to ask him any Questions he may Hone. My Lord this I deny As to the Black-Bird I own it as to the Gold-Finch I never heard a Word of it till this time Sir Geo. Jeff. You had only a design upon the Black-bird then Mr. West Sworn Mr. Att. Gen. Tell the Court what you know of the Meeting at the Dolphin Tavern Mr. West I was there and Mr. Keeling came in There was several things said of Swan Quills Goose Quills and Crow Quills but this Man did not come in till this Discourse was over And I am sure I did not speak of any thing of this Nature before this Man in my Life But Mr. Goodenough did undertake to provide the Men and Mr. Goodenough said he would try him if he would make an attempt upon the Duke without the King And I asked him whether he had seen Mr. Goodenough he told me he had says he he spoke to me about a little Job for the Duke Mr. Goodenough said he had spoke to him fully about the thing And I saw him often in the Company of Mannius that was designed to be another of the Assassinates He was at my Chamber once says he Master shall we do nothing I think he used these Words That if the Duke of Monmouth would be true and appear he could bring 50 or threescore honest Men of to'ther side the Water to do the business I asked him what Business says he either a brisk Push that I took for an Insurrection for the two Brothers says I what Brothers do you mean Says he the Captain and Lieutenant those were the two Terms they used since the Vanâ—berring was Printed I think he was a pretty honest Fellow before this time he was deluded by Goodenough I think in the thing L. Ch. Just. To Mr. West Do you come to justify these things Mr. West My Lord he hath been deluded basely and I am sorry for the poor Fellow L. Ch. Just. It is a very unusual thing for one in your Condition to use such Expressions in such a Case Sir Geo. Jeff. Mr. West you have been deluded Mr. Att. Gen. Captain Richardson and Sir Nicholas Butler Sir Geo. Jeff. I find he is not worthy of the Mercy the King hath shewed him Mr. West It was a Word I put from me unawares Sir Geo. Jeff. My Lord We will give you an account of a design this Man had long ago to kill the King Sir Nicholas Butler Sworn Sir Nicholas Butler My Lord I know the Prisoner at the Bar very well I have known him many years I have always known him guilty of Plotting and Contriving and ready upon all occasions to embrace any thing for these Purposes laid to his Charge Particularly when Sir Francis Chaplain was Lord Mayor his Majesty and the Duke stood at Mr. Waldoe's House by reason of the Angel-House being shaken And he came to my House and told me he would discourse me upon some private Matter I called him into a Closet and he told me they had a fair opportunity to take off the King and the Duke at once I told him that would do very well but how will you do it Says he we will do it with Cross-Bows we are to be half a Dozen and we will go into the Steeple where there is a Window just opposite to the Balcony and a great deal of Discourse we had to this purposâ— My intent was to divert him from this Design and told him how impossible it was they should escape the Foot-Guards and Horse Guards and multitude of People And if he did not do the Business effectually he would be undone and all the Party I rested satisfied he would have desisted upon this But I knew the Principles of these Fifth Monarchy Men and their Associates and thought it not safe to trust to his bare say so that he would desist but I went to the King and the Duke of York into my Lord Chamberlains Chamber where they came to me and I gave them this Account and desired them to set some to watch the place and to search if any were got into the Steeple before they came and there was one Horsal appointed that did accordingly watch them but none came Upon which some good-willers to it have reported that it was a Sham-Business but I think that was not well done But the thing was real and when he was examined before the King in the Secretary's Office he did confess all these things that I charged him with Mr. Att. Gen. Sir Nicholas Butler had you any Discourse of killing the King at this time Sir Nicholas Butler No at last they did understand I kept a Correspondence at Court and then they would tell me no more Mr. Attorn Gen. Since he was taken what did he say about this matter Sir Nicholas Butler About this matter he did acquaint divers he was one that was to kill the King and the Duke Captain Richardson Sworn Capt. Richardson Sir Nicholas Butler asked him in my Presence I went along with Sir Nicholas when he examined him as to this thing how he was concerned He said Mr. Goodenough
Lord we can grant you nothing till you have pleaded Therefore that which is put to you now is Whether you say you are Guilty or not Guilty L. Russel My Lord I 'am not Guilty Cl. of Cr. Culprit How wilt thou be tryed L. Russel By God and my Countrey Cl. of Cr God send thee a good deliverance L. Russel My Lord I thought a Prisoner had never been arraigned and tryed at the same time I have been a close Prisoner L. Ch. J. For Crimes of this Nature My Lord we do it continually L. Russel It is hard My Lord. Mr. Att. Gen. My Lord hath no reason to complain for want of notice for since Monday seven-night he had notice of his Trial and the matters alleged against him he had notice of for Questions were put to him about this Matter he hath been fairly dealt with he hath had the liberty of Counsel to advise him there hath been no sort of Liberty denyed him which becomes any Subject to have in this Condition L. Ch. J. My Lord I do not know whether you hear Mr. Attourney He says your Lordship hath had a great deal of Favour shown you already in that you have been acquainted with the Crimes for which you are now indicted that you have had a great deal of warning given you that you have had the Liberty of Counsel which hath not been known granted to any under your Lordships Circumstances He says he doubts not but your Lordship is prepared for your Defence because you have had so much knowledg and warning of the Time and Matter for which you were to be called in question L. Russel My Lord I am much to seek I only heard some general Questions and I have Witnesses that I believe are not yet in Town nor will be I believe till Night I think it very hard I can't have one day more Mr. Attorn Gen. Munday seven-night your Lordship had notice L. Russel I did not know the matter I was charged with Mr. Attorn Gen. Yes certainly for I was with you my self my Lord and those Questions you were examined upon were a Favour to you that you might know what the matter was you were accused of L. Ch. J. My Lord without the King's Consent we can't put off the Trial if the King's Council think not fit to put it off we can't grant your Lordship's Request in this Case L. Russel I would desire a Copy of the Pannel of the Jury that I might consider of it for how else can I make any just Challenge I thought the Law had been very favourable to Men upon their Lives and therefore it had allowed People to have some little notice L. Ch. J. Hath not your Lordship had a Copy of the Pannel I think your Lordship was allowed one We gave Order your Lordship should have a Copy of the Pannel Mr. Att. G. We did indulge him so far that he might have a Note of all the Men returned L. Russel I never had a Copy of the Pannel L. Ch. J. It was the Fault of your Lordship's Servants then for I gave Order for it my self 'T is such a Favour that in regard a Man's Life lies at stake we never did deny it to my Knowledg And therefore in this Case I gave order to the Secondary to deliver a Copy I know the King did not design to be hard upon my Lord in his Tryal but that he should have as fair a Tryal as ever any Noble Person had L. Russel I pray I may have a Copy then Sir G. Jeff. If my Lord had sent his Agents and it had been refused there had been something in it Mr. Att. Gen. Secondary Normansel was with me and I gave him my Allowance tho it was not his Right L. Ch. Just. That my Lord may not be surprized what think you of giving my Lord time till the Afternoon and try some of the rest in the mean time Mr. Att. Gen. Truly my Lord if I could imagine it were possible for my Lord to have any Witnesses I should not be against it L. Russel 'T is very hard Mr. Att. Gen. Do not say so the King does not deal hardly with you but I am afraid it will appear you would have dealt more hardly with the King You would not have given the King an hours notice for saving his Life Secondary Trotman I gave my Brother Normansell a Copy of the Pannel on my side and hear that my Brother Normansell hath said that he delivered a Copy Then Secondary Normansell was sent for and the Court staied for him some time Mr. Atwood My Lord a Gentleman told me he did not know whether it was fit till he had consulted the Attorny General afterwards I had a Copy as it stood then not as it is now Mr. Attor Gen. I desire my Lord may be asked who he sent for it Lord Russel I did not send for it I inquired and they said it would be refused Mr. Attwood No the Gentleman had it with the fair Perriwig L. Ch. Just. It was delivered to your Servant or Agent what did you do with it L. Russel's Gent. Sir the Gentleman gave me out of a Book some Names Sir Geo. Jeff. What did you do with them L. Russel's Gent. I writ them down they were not perfect I did not know what they were L. Ch. Just. Sir you were to blame not to deliver it to my Lord. L. Russel's Gent. I was not bound to deliver an imperfect thing to my Lord. L. Ch. Just. Sir you should have consulted your Lords advantage so as to have delivered any thing for his good L. Russel's Gent. My Lord was in the Tower I was not admitted to my Lord. Mr. Attor Gen. Did you give it to my Lady L. Russel's Gent. Yes those Names I had my Lady had Sir Geo. Jeff. How long ago was it Mr. Attwood Tuesday or Wednesday last L. Ch. Just. To Lord Russel ' s Servant Look you Sir when had you this L. Russel I had no Pannel I will assure you delivered me I had some Names of People that they said were usually on Juries L. Ch. Just. They were the Names of the Jury L. Russel They were only the Names of them that were like to be of the Jury no other Pannel came to me L. Ch. J. My Lord there can be no other Copy given but the same that was delivered for your Lordship does know in this case any Person accused as your Lordship is may challenge 35 and therefore there is a Return generally of 3 score or 4 score and these are returned in case of your Lordships challenge When you have challenged so many as you please then the 12 men that stand after your challenge are to be of the Jury And therefore this is not like a Pannel made up by the Sheriff in ordinary Causes between Man and Man there they make a formal Pannel from which they cannot depart when that is once returned but herein Criminal Cases because of
the Challenge they return either 60 or 80 And I presume your Lordship was attended with the Names delivered Sir Geo. Jeff. How many Names was delivered Mr. Atwood Above 100. L. Russel I had nothing of a Pannel delivered to me but some Names L. Ch. Just. There was never any formal Pannel delivered to any Person Accused The Copy of it is in Paper always L. Russel How can I know who to Challenge L. Ch. J. My Lord the Copy of it is in your hands your Lordship hath been deceived in this by not understanding the true Nature of these things if we were to give you a new one we could give you but such an one L. Russel I had no Paper from the true Officer L. Ch. Just. No but from your Servant Mr. Attor Gen. My Lord you will have cause to complain if they are not the same men we now shall call L. Ch. J. My Lord That Paper will guide your Lordship in your Challenges L. Russel My Lord I did not mind it I put it away My Lord with your Favour I must needs insist upon having a Pannel and that you will put it off till the Afternoon I have a Witness that is not in Town My Counsel told me it was never done or very seldome Arraigning and Trying at the same time except in case of Common Malefactors L. Ch. J. Mr. Attorney why may not this Tryal be respited till the Afternoon Mr. Attor Gen. Pray call the Jury L. Ch. J. My Lord the Kings Counsel think it not reasonable to put off the Tryal longer and we can't put it off without their Consent in this Case L. Russel My Lord 'T is hard I thought the Law had allowed a pretty deal of favour to a man when he came upon his Life How can I know to except against men that I never heard or saw one of them Cl. of Cr. You the Prisoner at the Bar those good Men that have been now called and here appear are to pass between you and our Soveraign Lord the King upon your Life or Death if you Challenge any of them you must speak as they come to the Book to be Sworn before they are Sworn L. Russel My Lord may not I have the use of Pen Ink and Paper Court Yes my Lord. L. Russel My Lord may I make use of any Papers I have L. Ch. Just. Yes by all means L. Russel May I have some body write to help my memory Mr. Att. Gen. Yes a Servant L. Ch. Just. Any of your Servants shall assist you in writing any thing you please for you L. Russel My Wife is here my Lord to do it L. Ch. Just. If my Lady please to give her self the trouble Mr. Att. Gen. My Lord you may have two Persons to write for you if you please L. Russel My Lord here hath been a name read that I never saw in the List of the Jury I had I heard Sir Andrew Foster called L. Ch. Just. He is not called to be of the Jury Cl. of Cr. Call Iohn Martin He appears L. Russel Are you a Freeholder of 40 s. a year I hope none are allowed in the Pannel but those that have Freeholds L. Ch. Just. There is no Pannel made in London by Freeholders we have very few Freeholders capable of being impannel'd because the Estates of the City belong much to the Nobility and Gentlemen that live abroad and to Corporations therefore in the City of London the Challenge of Freeholders is excepted L. Russel My Lord I thought it had been always so and the Law had been clear in that Case throughout England that no man ought to be tryed for his life but by those that have Freeholds My Lord I remember I read the Statute of 2 H. 5. where 't is positive that no Persons shall be Judged in cases of life and death but by those that have 40 s. a year L. Ch. Just. My Lord that Statute extends not to this Case Read the Statute Cl. of Cr. Whereas Perjury is much used in the City of London upon Persons c. L. Ch. Just. Is this the Statute your Lordship has read L. Russel This is not in the case of life and death L. Ch. Just. It is not my Lord. L. Russel That that I read is positive And if your Lordship will not allow of it I desire my Counsel may come and argue it for 't is a matter of Law and I can't argue it whether the Jury are not to be Freeholders Mr. Ser. Jefferies There is nothing mentioned in that Statute with relation to the City of London indeed but the necessity of the thing requires it Mr. Att. Gen. It will not be material 't is a collateral point for most of the Jury have Freeholds L. Ch. Just. Do you allow the Exception Mr. Att. Gen. No my Lord. L. Ch. Justice Therefore we must if my Lord stand upon it hear his Counsel My Lord we will hear your Counsel what Counsel do you desire my Lord L. Russel The Counsel that were allotted me L. Ch. Just. No you must have Counsel assigned by us The Counsel that was assigned elsewhere signifies nothing L. Russel Mr. Pollexfen Mr. Holt and Mr. Ward The said persons were called and came into Court L. Ch. Just. To the Counsel Gentlemen my Lord here desires Counsel you are here assigned as Counsel for my Lord Russel that is at the Barr 't is concerning a thing wherein he doubts the Law he would except to the Jury upon this account to the Poll because they have not Freehold within the City of London and he desires you may be assigned his Counsel to make it out that this is a cause of Challenge Mr. Att. Gen. 'T is a Case of Treason Mr. Pollexfen Mr. Ward We take it so Mr. Pollexfen My Lord Perhaps if we had more consideration of it we should speak more but if your Lordship pleases to hear us what we can say first we take it with submission at Common Law a Freehold was necessary to make a man Juryman But that which falls out in this case is the Statute of 2 H. 5. c. 3. which Statute I suppose is here in Court That Statute says this if you please I will quote the substance of it That none shall be admitted to pass upon any Inquest upon the Tryal of the death of a man except he have Lands and Tenements of the yearly value of 40 s. Now we are here I think within the words of the Statute and I take it to be no Question at all were we not in a City and County I think this would be no question upon any Tryal in any County at large The Statute does not make any exception or distinguishment between Cities and Counties at large but the words are general as I have opened them My Lord the Statute does also provide in cases of Freehold or 40 Marks Now my Lord to prove this Statute extends to London tho a City and County there are other
no Freehold should be determined but by Freeholders But the Judges of the Kings-Bench the Court being full for the necessity of the thing lest there might not be sufficient Freeholders in the City having sent one of the Judges of that Court to your Lorships of the Common-Pleas for that Reason did agree the Challenge was not good I know these Gentlemen will please to remember the Case so that I say as in one Case we ought to be tender of the Life of the Prisoner so we ought surely to be tender of the Life of the King otherwise it may so happen that the Kings Life may be incompassed and Treason commited in the City and there would be no way in the World to Try it therefore we pray for the King the Challenge may be over-ruled M. North. My Lord it is the practice to make the Venire facias without mentioning Freehold for it does not Command that they return so many men that have Freehold but probos legales homines de visineto therefore at the Common-Law those were good Inquests to Try any man that were not Excommunicated nor under any Out-Law 'T is true there are Statutes that say all Jury-men shall have Freehold but we say these Statutes do not extend to the City of London but that it is governed by its own Customs and we say it is the Custom that Citizens of Ability have been returned that have no Freehold But granting what we do not but by way of supposal my Lord it does not extend to this Case because Tryals are to be according to the use at Common-Law by the Statute of Queen Mary which does set them at large again and that is the reason the Prisoner in this Case hath his Challenge for 35 and is in other Cases restrained to 20 so that we say these men of Ability are good and there is no Statute affects them L.C.J. Mr. Pollexfen do you find any Judgment that in Cases of Treason by Common-Law they might except for want of Freehold Have you any resolution in the Case Mr. Pollexf I think there are Books that say at Common-Law there must be Freehold L. Ch. Just. What in Treason Mr. Pollexfen No my Lord. L. Ch. Just. Unless you speak of Treason you do not speak ad Idem For I do take it that in Cases of Treason or in Cases of Felony at the Common Law they had no liberty to except to Jurors that they had not any Freehold but that at the Common Law any good and Lawful men might pass Then take as introductive of a new Law the Statute of H. 5. I am of the mind that this Statute of H. 5. peradventure may extend to Treasons and Felonies but when the Statute of Queen Mary comes and says all Tryals shall be by such Evidence and in such manner as by common Law they ought to have been I do not see how it is possible to make an Objection afterwards of this Nature For admitting this Act of Parliament of H. 5. had altered the Common Law and given a Challenge why then when the Statute of Queen Mary comes and sets all Tryals at large in the Case of Treasons then certainly the Challenge is gone again and I doubt you will not find one Exception in this case ever since that Statute concerning the Jurys Freehold in Cases of Treason but it hath generally passed otherwise and there hath not been any ever excepted I doubt it will be a very hard thing to maintain such a Challenge now Here are my Lords and Brothers will be pleased to deliver their Opinions It is a business of great consequence not only for this Noble Person at the Bar but for all other Persons L. Ch. Baron I agree with your Lordship perfectly but if the Counsel had laid a right Foundation that it had been so at Common Law there had been much said But I take it at Common Law there was no Challenge for want of Freehold and I am induced to think so for otherwise what needed the Statute of H. 5. been made But whether it extend to Treason or no I am not so clear And if it did it 's wiped off again by that of Queen Mary which reduces all to the Common Law Tryal Mr. Just. Wyndham I am of the same Opinion I conceive at Common Law lack of Free-hold no good cause of Challenge 'T is true that Challenge is given in some cases by Act of Parliament yet I doubt whether it extend to a thing of so high nature as Treason for other Statutes have not mentioned any thing of Treason But suppose 2. H. 5. did extend to it yet it is very plain the Statute of 1. and 2. Queen Mary hath set all at large again They are to be good and Lawful Men and I do not find that any thing of the lawfulness must be the Freehold And therefore I conceive this is no just Exception in this case Mr. Just. Iones My Lord I am of the same Opinion I am of Opinion that the Common Law did not require Freehold to be a good cause of Challenge in the case of Treason and the rather Because at the Common Law a man that was indicted of High Treason had liberty to Challenge peremptorily to the Number of 35. Persons My Lord if the Common Law be altered by the Statute of H. 5. yet I take it that the Statute of 1. and 2. Ph. and M. does restore the Common Law in this particular point For whereas there was a Statue of H. 8. to restrain the Prisoner to the Number of 20 for his Challenge now the Statute restoring it to Common Law the Prisoner hath his Challenge to 35 as he had before that Statute of H. 8. So I take it the King shall have his priviledge also to try a Prisoner for Treason by Persons that have not Freehold Mr. Just. Charlton I am of the same Opinion And truly the rather because no President hath been offered of any such Challenge before and many men have suffered and sure if it could have been many would have made use of it Mr. Just. Levins I am of Opinion 't is not to be allowed I do not think my self driven to the necessity to determine now whether Freehold was a good Challenge at Common Law in point of Treason I think the Statute of Ph. and M. hath restored the Tryals to the Common Law What was the Common Law The Common Law is the Custom of England which is other in Cities than in Countries and the Custom of London is part of that Common Law So tho it be a cause of Challenge in a County at large yet it is not a cause of Challenge in Cities where Freeholders are not to be found Now that which satifies me is That this Custom is restored by the Statute of Ph. and M. Because never such a Challenge hath been And it is known when 20 were tryed for Treason together in this very place and one of them a
notable cunning Lawyer and if such a Challenge were to have been allowed no doubt he would have made use of it but the Challenge was not taken and if he had made such a Challenge and it had been allowed perhaps he could not have been tried That was Cook I have heard several Persons tryed for Treason my self and never heard it taken Therefore I am of Opinion that before any Statute was made in this case It was the Custom in London to try without Freeholds and since by the Statute of Queen Mary 't is restored Mr. Baron Streete I think there was no such Challenge at Common Law The Jury were only to be Probos Legales homines and no more till the Statute made it so but there is a particular Reservation for Corporations And certainly if this should be admitted to be a good Challenge tho' it were between Party and Party there would be in some Corporations a perfect failure of Justice So that without doubt at Common Law there was no such Challenge As for the Statute of H. 5. 't is gone by that of Queen Mary If this were admitted within London nothing would be more mischievous to this Corporation Methinks we have been very nice in this matter when the life of the King is at Stake and all the Customs and Priviledges of the City of London seem to be levelled at in this point I am of the Opinion with the rest of the Judges that this Challenge ought to be over-ruled Justice Withins I am of the same Opinion L. Ch. Just. My Lord the Court is of Opinion upon hearing your Counsel and the Kings that it is no good Challenge to a Jury in a case of Treason that he has not Freehold within the City But I must tell your Lordship withall That your Lordship has nothing of hardship in this case for notwithstanding that I must tell you you will have as good a Jury and better than you should have had in a Country of 4 l. or 40 s. a year Freeholders The Reason of the Law for Freeholds is That no slight Persons should be put upon a Jury where the Life of a man or his Estate comes in Question but in the City the Persons that are impannell'd are men of Quality and Substance men that have a great deal to lose And therefore your Lordship hath the same in substance as if a Challenge was allowed of Freehold It will be no kind of prejudice to your Lordship in this case Therefore if you please apply your self as the Jury is called and make your Exceptions if you shall make any L. Ch. Just. Mr. Bollexfen you shall have liberty to stay any where here if you please Counsel Here is such a great Crowd my Lord we have no room Then the Iurymen were called and after the Lord Russel had challenged One and Thirty of them the Iury sworn were as follows Jur. Iohn Martin William Rouse Iervas Seaton William Fashion Thomas Short George Toriano William Butler Iames Pickering Thomas Ieve Hugh Noden Robert Brough Thomas Omeby Then was made Proclamation for Information Cl. of Cr. William Russel Esq hold up thy hand which he did You of the Jury look upon the Prisoner and hearken to his Cause He stands Indicted by the name of pront before in the Indictment Upon this Indictment he hath been arraigned and thereunto pleaded Not Guilty and for his Tryal hath put himself upon his Country which Country you are Your Charge is to inquire whether he be Guilty of this High Treason whereof he stands Indicted or not Guilty If you find him Guilty you shall inquire c. Mr. North. May it please your Lordship and you that are sworn The Prisoner at the Bar stands charged in this Indictment with no less than the Conspiring the death of the Kings Majesty and that in order to the same he did with other Traitors named in the Indictment and others not known 2. November in the 34th year of this King in the Parish of Bassishawe within the City of London meet and conspire together to bring our Soveraign Lord the King to death to raise War and Rebellion against him and to massacre his Subjects And in order to compass these wicked Designs there being assembled did conclude to seize the Kings Guards and his Majesties Person This is the Charge the Defendant says he is Not Guilty if we prove it upon him it will be your duty to find it Mr. Att. Gen. My Lord and you Gentlemen of the Jury most of our Evidence against this Honourable Person at the Bar is to this purpose This Person the Duke of Monmouth my Lord Gray Sir Thomas Armstrong and Mr. Ferguson they were the Council of State as I may call them to give forth directions for the general Rising that hath appeared was to have been within this Kingdom The Rising was of great concern and expence and must be managed by Persons of interest prudence and great secreâ—e These Gentlemen had frequent meeting in October and November last for then you may refresh your memories again was the general Rising to be and there they did consult how to manage the Rising they consulted how to seize the King's Guards And this Noble person being mixed with these others especially with Ferguson who with others of an inferior rank was also ingaged in a Cabal for managing worser things tho' this is bad enough at several meetings they receive Messages from my Lord Shaftsbury touching the Rising They being looked upon as the Persons that were to conclude and settle the time and all circumstances about it We shall make it appear to you in the course of our Evidence that those Underlings for this was the great Consult and moved all the other Wheels who managed the Assassination did take notice that these Lords and Gentlemen of Quality were to manage and steer the whole business of the Rising It seems these Gentlemen could not give the Earl of Shaftsbury satisfaction to his mind for he pressed them to keep their day which was the 17th of November last But the honourable Person at the Bar and the rest made him this Answer That Mr. Trenchard had failed them for that he had promised to have 1000 Foot and 2 or 300 Horse at four hours warning but now it was come to pass he could not Perform it that some Persons in the West would not joyn with them and therefore at this time they could not proceed and therefore they must defer the day And as a Council they sent my Lord Shaftsbury word he must be contented they had otherwise resolved and thereupon my Lord Shaftsbury went away and Mr. Ferguson with him To carry on this practice they took others into their Council Sir Thomas Armstrong was left out and there falling that Scandalous Report upon my Lord Gray he was to be left out and then there was to be a new Council of Six whereas the inferior Council to manage the Assassination was seven
Trenchard they depended upon for Taunton had failed them who when he came up to Town first at the Term had assured them that in three or four Hours time he could have One Thousand Foot and Three Hundred Horse But now it came to be tryed he Answered it was not possible for him to undertake it for People would not rush into it of a sudden but have some time to prepare for their Families Mr. Att. Gen. Was it pretended there should be a Rising at that time Col. Romsey Yes the 19 th of November was appointed for the Rising L. Ch. Just. Was it before that time you went to press them from my Lord Shaftesbury Col. Romsey Yes I think it was a matter of a Fortnight before or something more For I think it was concluded Sunday fortnight after my L. Gray met Mr. Attor Gen. But you say besides what you heard there you understood there was to be a Rising at that time Was you to be engaged in this Col. Romsey Yes I was L. Ch. Just. You must speak so that what you deliver may be sensible for if you speak I apprehend so and so that will be doubtfull Col. Romsey No my Lord The Rising was determined and I was to have gone to Bristol Mr. Attor Gen. In what capacity as Colonel or Captain Col. Romsey There was no Determination of that no Quality L. C. Just. By whose Appointment was that Col. Romsey My L. Shaftsbury spake that to me Sir Geo. Jeff. But pray Col. Romsey this you are very able to know what the Debates were and need not be pumped with so many Questions Pray was there any Debate when you came with the Message from my L. Shaftsburyes was there a Debate about the Rising Col. Romsey There was no debate of it because they made answer Mr. Trenchard had failed them Sir Geo. Jeff. But did not they take notice of the Rising Give an account of it Col. Romsey I have done it twice Jury We desire to know the Message from the L. Shaftsbury L. Ch. Just. Direct your self to the Court Some of the Gent. have not heard it they desire you would with a little more loud Voice repeat the Message you were sent of from my L. Shaftsbury Col. Romsey I was sent by my Lord to know the Resolution of the Rising in Taunton they answered Mr. Trenchard whom they depended upon for the men had failed them and that it must fall at that time and my Lord must be contented Mr. Attor Gen. Was the Prisoner at the Barr present at that Debate Col. Romsey Yes Sir Geo. Jeff. Did you find him Averse to it or Agreeing to it Col. Romsey Agreeing to it Baron Street What said my Lord Shaftsbury Col. Romsey Upon my return he said he would be gone and accordingly did go Sir Geo. Jeff. If my L. Russell pleases to ask him any Questions he may L. Russel Must I ask him now L. Ch. Just. Yes my Lord propose your Questions to me L. Russel I have very few Questions to ask him for I know little of the matter for it was the greatest accident in the World I was there and when I saw that Company was there I would have been gone again I came there accidentally to speak with Mr. Sheppard I was just come to Town but there was no discourse of Surprizing the Guards nor no undertaking of Raising an Army L. Ch. Just. We will hear you to any thing by and by but that which we now desire of your Lordship is as the Witnesses come to know if you would have any particular Questions asked of them L. Russel I desire to know if I gave any Answer to any message about the Rising I was up and down I do not know what they might say when I was in the Room I was tasting of VVine L. Ch. Just. Did you observe that my L. Russel said any thing there and what Col. Romsey Yes my L. Russel did speak L. Ch. Just. About what Col. Romsey About the Rising of Taunton L. Russel It was Sir Tho. Armstrong that conversed with Mr. Trenchard L. Ch. Just. What did you observe my L. Russel to say Col. Romsey My L. Russel did discourse of the Rising L. Russel How should I discourse of the Rising at Taunton that knew not the Place nor had knowledg of Trenchard Mr. Attor Gen. Now my Lord we will give you an accompt that my L. Russel appointed this place and came in the dark without his Coach L. Russel My Lord I think the Witness was asked if I gave my Consent L. Ch. Just. What say you did my Lord give any Consent to the Rising Col. Romsey Yes my Lord he did Mr. Attor Gen. Pray Swear Mr. Sheppard which was done Pray will you speak aloud and give an account to my Lord and the Jury of the Meetings at your House and what was done Mr. Sheppard In the month of October last as I remember Mr. Ferguson came to me in the Duke of Monmouth's name and desired the conveniency of my house for him and some other Persons of Quality to meet there And as soon as I had granted it in the evening the Duke of Monmouth my Lord Gray my Lord Russel Sr. Thomas Armstrong Col. Romsey and Mr. Ferguson came Sr. Thomas Armstrong desired me that none of my Servants might come up but they might be private so what they wanted I went down for a Bottle of wine or so The substance of their discourse was how to surprize the Kings Guards And in order to that the Duke of Monmouth my Lord Gray and Sr. Tho. Armstrong as I remember went one night to the Mews or thereabout to see the Kings Guards And the next time they came to my house I heard Sir Tho. Armstrong say the Guards were very remiss in their places and not like Souldiers and the thing was feasible if they had strength to do it Mr. Att. Gen. How many Meetings had you there Mr. Sheppard I remember but twice Sir Mr. Att. Gen. Did they meet by Chance or had you notice they would be there that night Mr. Sheppard Yes I did hear it before Mr. Sol. Gen. Who had you notice would be there Mr. Sheppard The Duke of Monmouth my Lord Gray my Lord Russel Sir Tho. Armstrong Col. Romsey and Mr. Ferguson Mr. Att. Gen. Did they come with their Coaches or a foot in the night time and in the dark Mr. Sheppard I cannot tell it was in the Evening I did not let them in Mr. Att. Gen. Was there any Coaches at the door Mr. Sheppard None that I heard or saw they came not altogether but immediately one after another Sir Geo. Jeff. Had they any debate before they went into the Room Mr. Sheppard No they went readily into the Room Sir Geo. Jeff. Was my Lord Russel both times there Mr. Sheppard Yes Sir as I remember Sir Geo. Jeff. Had you any particular business with my Lord Russel or he with you Mr. Sheppard No not at
were in a great hurry Capt Walcot had been several times with me discoursed of it But upon this disappointment they said it should be the dishonor of the Lords that they were backward to perform their parts but still they were resolv'd to go on And this had carried it to the latter end of October About the 17 th or 18 th Cap. Walcot came to me and told me now they were resolv'd positively to rise and did believe that a smart Party might perhaps meet with some Great men Thereupon I told the Duke of it I met him in the street went out of my own Coach into his told him That there was some dark intimation as if there might be some Attempt upon the Kings Person with that he strook his breast with a great Emotion of spirit said Godsoe Kill the KING I will never suffer that Then we went to the Play-House to find Sir Tho. Armstrong send him up and down the City to put it off as they did formerly it was done with that Success that we were all quieted in our minds that at that time nothing would be done But upon the day the King came from New-Market we din'd together the Duke of Monmouth was one and there we had a notion conveyed among us that some bold Action should be done that day which comparing it with the Kings coming we concluded it was design'd upon the King And I remember my L. Gray says he By God If they do Attempt any such thing it can't fail We were in great anxiety of mind till we heard the Kings Coach was come in and Sir Tho. Armstrong not being there we apprehended that he was to be one of the party for he was not there This failling it was then next determined which was the last Alarum and News I had of it to be done upon the 17 th of November the Anniversary of Queen Elizabeth and I remember it by this Remark I made my self That I fear'd it had been discovered because I saw a Proclamation a little before forbidding publick Bonfires without Leave of my Lord Mayor It made some impressions upon me that I thought they had got an intimation of our Intention and had therefore forbid that meeting This therefore of the 17 th of November being also disappointed and my L. Shaftsbury being told things were not ripe in the Country took Shipping and got away and from that time I heard no more of him till I heard he was dead Now Sir after this we all began to lye under the same Sense and Apprehensions that my L. Shaftsbury did That we had gone so far and communicated it to so many that it was unsafe to make a Retreat and this being considered it was also considered that so great an Affair as that was consisting of such infinite Particulars to be managed with so much sineness and to have so many parts it would be necessary that there should be some General Council that should take upon them the Care of the Whole Upon these thoughts we Resolved to Erect a little Caball among our selves which did consist of Six Persons and the Persons were The Duke of Monmouth my Lord of Essex my Lord Russel Mr. Hambden Jun. Algernone Sidney and my Self Mr. Attor Gen. About what time was this when you setled this Council L. Howard It would have been proper for me in the next place to tell you that and I was coming to it This was about the middle of January last as near as I can remember for about that time we did meet at Mr. Hambdens House Mr. Attor Gen. Name those that met L. Howard All the Persons I Named before that was The D. of Monmouth my L. Essex my L. Russel Col. Sidney Mr. Hambden Jun. and my Self When we met there it was presently agreed what their proper Province was which was to have a care of the Whole And therefore it was necessary some General things should fall under our Care and Conduct which could not possibly be Conducted by individual Persons The things that did Principally challenge this Care we thought were these Whether the Insurrection was most Proper to be begun in London or in the Country or both at one instant This stood upon several different Reasons It was said in the Country and I remember the D. of Monmouth insisted upon it that it was impossible to oppose a Formed well Methodiz'd and Governed Force with a Rabble hastily got together and therefore whatever Numbers could be gathered in the City would be suppressed quickly before they could Form themselves Therefore it would be better to begin it at such a distance from the Town where they might have an Opportunity of Forming themselves would not be subject to the like panick Fear as in the Town where half an Hour would convey the News to those Forces that in another half Hour would be ready to suppress them Mr. Attor Gen. Was this Determined among you all L. Howard In this manner that I tell you Why it was necessary to be done at some Reasonable distance from the Town And from thence it was likewise considered that the being so remote from the Town it would put the King upon this Dilemma that either the King would send His Forces to subdue them or not if he did He must leave the City Naked vvho being Proximi Dispositioni to Action it would give them Occasion to Rise and come upon the back of the Kings Forces if he did not send it vvould give them time to Form their Number and be better Ordered Mr. Attor Gen. My Lord We do not desire all your Discourse and Debates What was your other General thing L. Howard The Other was What Countries and Towns were the fittest and most disposed to Action and the Third What Arms were necessary to be got and how to be disposed And a Fourth which should have been indeed first in Consideration propounded by the D. of Monmouth That it vvould be absolutely Necessary to have some Common Bank of 25. or 30000 l. to Answer the Occasions of such an Undertaking Nothing was done but these things were offered then to our Consideration and we were to bring in our United Advice concerning them But the Last and Greatest was How we might so order it as to draw Scotland into a consent with us for we thought it necessary that all the Diversion should be given This was the Last Mr. Attor Gen. Had you any other Meetings L. Howard We had about Ten days after this at my Lord Russels Mr. Attor Gen. The same Persons L. How Every one of the same Persons then meeting Mr. Attor Gen. What Debates had you there L. How Then it was so far as we came to a Resolution That som Persons should be sent to my L. Argyle to settle an Understanding with him that some Messengers should be dispatcht'd into Scotland that should invite some Persons hither that were judged most able to
Gen. â—â— Lâ—rd we shall besides this now we have fixed this upon my Lord give you â—nâ—ccount that these Persons that wâ—re to Rise always took them as their Pay-masters and expected their Assistance Mr. â—est Mr Keeling and Mr. Lesgh â—r West Sworn Mr. At. Gen. That which I call you to is to know whether or no in your managery of this Plot you undâ—râ—tood any of the Lords were concâ—rned and which Mr. West My Lord As to my Lord Russell I never had any Conversation with him at all but that I have heard in this â—hat in the Inâ—â—rreâ—tion in November Mr. Ferguson and Colonel Rumsey did reliâ—me that my Lord Rusâ—ell intended to go down and take his Post in the West when Mr Trenchard had failed them L. C. Just. What is this Mr. At. Gen We have proved my Lord privy to the Consults now we go about to prove the Under-acters did know it Mr. West They always said my Lord Russell was the Man they most depended upon because he was a Person looked upon as of great Sobriety L. Russell Can I hinder People from making use of my Name To have this brought to inâ—â—uence the Gentlemen of the Jury and inâ—ame them against me is hard L. C. Just. As to this the giving Evidence by hear-say will not be Evidence what Colonel Rumsey or Mr. Ferguâ—â—n told Mr. West is no Evidence Mr. At Gen. 'T is not Evidence to Convict a Man if there were not plain Evidence before but in plainly confirms what the other Swears But I think we need no more Sir G. Jeff. We have Evidencâ— without it and will not use any thing of Garniture we will leave it as 't is we woâ—'t trouble your Lordship any further I think Mr. Attorney we have done with our Evidence L. C. Just. My Lord Russell the Kings Counsel do think to rest upon this Evidence that they have given against your Lordship I would put your Lordship in mind of those things that are material in this â—â—se and proved againâ—t your Lordship Here is Colonel Rumâ—ey does prove against your Lordship this That he was sent upon an Errand which in truth was Traiterous it was a Traiterous Errand sent from my Lord Shaftâ—bury by him to that Meeting He does Swear your Lordship was at that Meeting and he delivered his Errand to them which was to know what account could be given concerning the Design of the Insurrection at Taunton and he says your Lordship being there this return was made That Mr. Trenchard had failed them in his Undertaking in the Business and therefore my Lord Shaftsbury must be contented and sit down satisfied as to that time Mr Sheppard does likewise speak of the same time that your Lordship was there with the rest of the Persons the Duke and others That there was a Discourse concerning an Insurrection to have been made though he is not so particular as to the very Notion of it as Colonel Rumsey is as to the time they do agree L. Russell Col. Rumsey is not positive that I say'd or heard anything L. C. Just. My Lord If you will have a little Patience to hear me I will tell you what it is presses you there is this which I have mentioned and Mr. Sheppard does say there was a Paper purporting a Declaration then Read among the Company there which was to be Printed upon the Rising Setting forth the Oppressions and Greivances of the Nation And then my Lord Howard after a great dicourse concerning the many designs of my Lord Shaftsbury comes particularly to your Lordship and says that Six of you as a chosen Counsel among your selves not that you were actually chosen but as a chosen Counsel among your selves did undertake to mannage the great matter of the Insurrection and Raising of Men in order to surprize the Kings Guards and for to Rise which is a Rebellion in the Nation He says that you had severâ—l Consults concerning it I told you the several particulars of those Consults He mentioned Now it is fit for your Lordship and 't is your time to give some answer to these things L. Russell My Lord I cannot but think my self mighty unfortunate to stand here charged with so High and Hainous a Crime and that intricated and intermixed with the Treasons and horrid Practices and Speeches of other People the Kings Counsel taking all advantages and improving and heightning things against me I am no Lawyer a very unready speaker and altogether a stranger to things of this Nature and aloâ—e and without Councel Truly my Lord I am very sensible I am not so provided to make my just defence as otherwise I should do But my Lord you are equal and the Gentlemen of the Jury I think are Men of Consciences they are Strangers to me and I hope they value Innocent Blood and will consider the Witnesses they may be accounted they can't be Credible And for Col Rumsey who it's Notoriously known hath been so highly Obliged by the King and the Duke for him to be capable of such a design of Murdering the King I think no body will wonder if to save his own Life he will endeavour to take away mine neither does he Swear enough to do it And then if he did the Time by the 13 th of this King is Elapsed it must be as I understand by the Law Prosecuted withiSix Months and by the 25 E. 3. a design of Levying War is no Treason unless by some overt Aâ—â—it appear And my Lord I desire to know what Statute I am to be Tryed upon for Generals I think are not to be gone upon in these Cases L. C. Just. To the Attorney Generalâ— Mr. Attorney You hear what it is my Lord Objects to this Evidence He says that as to those Witnesses that Testify any thing concerning him above Six Months before he was Prosecuted he conceives the Act of Parliament upon which â—e takes himself to be Indicted does not extend to it for that says that within Six Months there ought to have been a Prosecution And my Lord tells you that he is advised that a design of Levying War without actual Levying of War was not Treason before that Statute Mr. At. Gen. To Satisfy my Lord He is not Indicted upon that Statute We go upon the 25 E. 3. But then for the next Objection surely My Lord is Informed wrong To Raise a Rebellion or a Conspiracy within the Kingdom is it not that which is called Levying of War in that Statute but to Raise a Number of Men to brake Prisons c. Which is not so directly tending against the Life of the King To prepare Forces to Fight against the King that is a design within that Statute to Kill the King And to design to depose the King to Imprison the King to Raise the Subjects against the King these have been setled by several Resolutions to be Within that Statute and Evidences of a design of Killing the King L. Russell My Lord
This is matter of Law Neither was there but one meeting at Mr. Sheppards House Mr. At. Gen My Lord If you admit the Fact and will rest upon the Point of Law I am ready to argue it with any of your Counsel I will acquaint your Lordship how the Evidence Stands There is one Evidence since Christmas last L. Russell That 's not to the business of Sheppards House My Lord one Witness will not convict a Man of Treason Mr. At. Gen. If there be one Witness of one Act of Treason and another of a 2d another of a 3d that manifest the same Treason to depose or destroy the King that will be sufficient L. C. Just. My Lord That has been resolved the Two Witnesses the Statute requires are not to the same individual Act but to the same Treason if they be several Acts declaring the same Treason and one Witness to each of them they have been reckoned two Witnesses within the Statute of Edw. 6. Sir Geor. Jef. If My Lord will call his Witnesse L. Russel This is tacking of Two Treasons together here is one in November by one Witness and then you bring on another with a Discourse of my Lord Howard And he says the Discourse passed for Pleasure L. C. Just. If your Lordship do doubt whether the Fact proved against your Lordship be Treason or not within the Statute of E. 3. and you are contented that the Fact be taken as proved against your Lordship and so desire Counsel barely upon that that is matter of Law You shall have it granted L. Russel I am not knowing in the Law I think 't is not proved and if it was I think t is not Punishable by that Act. I desire Counsel may be admitted upon so Nice a Point My Life Lies at Stake here 's but one Witness that speaks of a Message Sir Geor. Jef. The Fact must be left to the Jury Therefore if my Lord Russel hath any Witnesses to call in Opposition to these matters let him L. C. Just. My Lord There can be no matter of Law but upon a Fact Admitted and Stated L. Russell My Lord I do not think it proved I hope you will be of Counsel for me t is very hard for me that my Counsel may not speak for me in a point of Law L. C. Just. My Lord To hear your Counsel concerning this Fact that we cannot do it was never done nor will be done If your Lordship doubts whether this Fact is Treason or not and desire your Counsel may be heard to that I will do it L. Russell I doubt in Law and do not see the Fact is proved upon me Mr. Sol. Gen. Will your Lordship please to call any Witnesses to the matter of Fact L. Russell T is very hard a Man must lose his Life upon Hearsay Col. Rumsy says he brought a Message which I will Swear I never heard nor know of He does not say he spake to me or I gave him any Answer Mr. Sheppard remembers no such thing he was gone to and again here is but one Witness and Seven Months agoe Mr. At Gen. My Lord If there be any thing that is Law you shall have it L. Russell My Lord Colonel Rumsey the other day before the King could not say that I heard it I was in the Room but I came in late they had been there a good while I did not â—tay above a quarter of an hour tasting Sherry with Mr. Sheppard L. C. Just. Read the Statute of 25 E. 3. c. 2. My Brothers desire to have it read Cl. of Cro. Whereas divers opinions have been before this time in what Case Treason shall be said and in what not The King at the Request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say when a Man doth compass or imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir or if a Man do Uiolate the Kings Compagnion or the Kings Eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them Aid and Comfort in the Realm or elsewhere and thereof be proveably attainted of open Deed by People of their Condition And if a Man counterfeit the Kings Great or Privy Seal or his money and if a man bring false money into this Realm counterfeit to the money of England as the money called Lushburgh or other like to the said money of England Knowing the money to be false to Marchandise or make Payment in desceit of our said Lord the King and of his People and if a man Slea the Chancellor Treasurer or the Kings Iustices of the one Bench or the other Iustices in Eyre or Iustices of â—â—ise and all other Iustices designed to hear and determin being in their places during their Offices And it is to be understood that in the Cases above rehearsed that ought to be Iudged Treason which extends to our Lord the King and his Royal Majesty L. C. Just. My Lord That which is urged against you by the Kings Counsel is this You are accused by the Indictment of compassing and designing the Kings Death and of endeavouring to Raise an Insurrection in Order to it That that they do say is that these Counsels that your Lordship hath taken are Evidences of your compassing the Kings Death and are Overt Acts Declaring the same and upon that it is they insist your Lordship to be Guilty within that Statute L. Russell It is in a Poynt of Law and I desire Counsel Mr. At. Gen. Admit your Consultations and we will hear them L. C. Just. I would set your Lordship right for probably you may not apprehend the Law in this Case If your Counsel be heard they must be heard to this That taking it that my Lord Russell has consulted in this manner for the Raising of Forces within this Kingdom and making an Insurrection within this Kingdom as Colonel Rumsey and my Lord Howard have Deposed whether then this be Treason we can hear your Counsel to nothing else L. Russell I do not know how to answer to it The point methinks must be quite otherwise that there should be Two Witnesses to one thing at the same time Mr. At. Gen. Your Lordship remembers in my Lord Staffords Case there was but one Witness to one Act in England and another to another in France L. Russell It was to the same point Mr. At. Gen. To the general point the lopping point Sir G. Jeff. There was not so much Evidence against him as there is against your Lordship L. C. Just. My Lord if your Lordship will say any thing or call any Witnesses to disprove what either of these Gentlemen have said we will hear your Lordship what they say But if you can't contradict them by
Testimony it will be taken to be a proof And the way you have to disprove them is to call Witnesses or by asking Questions whereby it may appear to be untrue Mr. Sol. Gen. If you have any Witnesses call them my Lord. L. Russell I do not think they have proved it But then it appears by the Statute that Levying War is Treason but a Conspiracy to Levy War is no Treason if nothing be done 't is not Levying War within the Statute There must be manifest proof of the matter of Fact not by inference Mr. At. Gen. I see that is taken out of my Lord Coke Levying War is a distinct branch of the Statute and my Lord Coke explains himself afterwards and says 't is an Assuming of Royal Power to Raise for particular purposes Just. Wythin Unless matter of Fact be agreed we can never come to argue the Law L. Russell I came in late Mr. Sol. Gen. Pray my Lord has your Lordship any Witnesses to call as to this matter of Fact L. Russell I can prove I was out of Town when one of the meetings was but Mr. Sheppard can't recollect the Day for I was out of Town all that time I never was but once at Mr. Sheppards and there was nothing undertaken of viewing the Guards while I was there Colonel Rumsey Can you Swear positively that I heard the Message and gave any Answer to it L. C. Just. To Colonel Rumsey Sir did my Lord Russell hear you when you deliver'd the Message to the Company were they at the Table or where were they Col. Rumsey When I came in they were standing at the fire-side but they all came from the fire-side to hear what I said L. Russell Colonel Rumsey was there when I came in Col. Rumsey No my Lord. The Duke of Monmouth and my Lord Russell went away together and my Lord Gray and Sir Thomas Armstrong L. Russell The Duke of Monmouth and I came together and you were standing at the Chimney when I came in you were there before me My Lord Howard hath made a long Narrative here of what he knew I do not know when he made it or when he did recollect any thing 't is but very lately that he did Declare and Protest to several People That he knew nothing against me nor of any Plot I could in the least be Questioned for L. C. Just. If you will have any Witnesses called to that you shall my Lord. L. Russell My Lord Anglesey and Mr. Edward Howard My Lord Anglesey stood up L. C. Just. My Lord Russell what do you ask my Lord Anglesey L. Russell To Declare what my Lord Howard told him about me since I was Confined L. Anglesey My Lord I chanced to be in Town the last Week and hearing my Lord of Bedford was in some Distress and Trouble concerning the Affliction of his Son I went to give him a Visit being my old Acquaintance of some 53 Years standing I believe for my Lord and I was Bred together at Mandlin-College in Oxon I had not been there but a very little while and was ready to go away again after I had done the good Office I came about but my Lord Howard came in I don't know whether he be here L. Howard Yes here I am to serve your Lordship L. Anglesey And sat down on the other side of my Lord of Bedford and he began to Comfort my Lord and the Arguments he used for his Comfort were My Lord You are happy in having a wise Son and a worthy Person one that can never sure be in such a Plot as this or suspected for it and that may give your Lordship reason to expect a very good Issue concerning him I know nothing against him or any Body else of such a Barbarous-Design and therefore your Lordship may be Comforted in it I did not hear this only from my Lord Howards Mouth but at my own home upon the Monday after for I use to go to Totteridge for fresh Air I went down on Saturday this happened to be on Friday my Lord being here I am glad for he can't forget this Discourse and when I came to Town on Monday I understood that my Lord Howard upon that very Sunday had been at Church with my Lady Chaworth My Lady has a Chaplain it seems that Preaches there and does the Offices of the Church but my Lady came to me in the Evening This I have from my Lady L. C. Just. My Lord what you have from my Lady is no kind of Evidence at all L. Anglesey I don't know what my Lord is I am acquainted with none of the Evidence nor what hath been done But my Lady Chaworth came to me and acquainted me There was some suspition Sir G. Jeff. I don't think it fit for me to interrupt a Person of your Honour my Lord but your Lordship knows in what place we stand here what you can say of any thing you heard of my Lord Howard we are willing to hear but the other is not Evidence As the Court will not let us offer hear-says so neither must we that are for the King permit it L. Anglesey I have told you what happened in my hearing Then Mr. Howard stood up L. C. Just. Come Mr. Howard what do you know Mr. Howard I must desire to say something of my Self and my Family first My Lord and I have been very intimate not only as Relations but as dear Friends My Lord I have been of a Family known to have great Respect and Duty for the King and I think there is no Family in the Nation so numerous that hath expressed greater Loyalty upon which account I improved my Interest in my Lord Howard I endeavoured upon the great Misunderstanding of the Nation if he be here he knows it to perswade him to apply himself to the King to serve him in that great difficulty of State which is known to all the World I sometimes found my Lord very forward and sometimes I soften'd him upon which Parly upon his permission and more upon my own inclination of Duty I made several Applications to Ministers of State and I can name them that my Lord Howard had a great desire of serving the King in the best way of Satisfaction and particularly in the great Business of his Brother I wonder'd there should be so much sharpness for a matter of Opinion and I told my Lord so and we had several Disputes about it My Lord I do say this before I come to the thing After this I did partly by his permission and partly by my own inclination to serve the King because I thought my Lord Howard a Man of Parts and saw him a Man that had interest in the Nation tell my Lord Feversham that I had prevailed with a Relation of mine that may be he might think opposite that perhaps might serve the King in this great Difficulty that is Emergent and particularly that of his Brother My Lord Feversham did receive it
very kindly and I writ a Letter to him to let him know how I had sofâ—ned my Lord and that it was my desire he should speak with my Lord at Oxon. My Lord Feversham gave me a very kind Account when he came again but he told me L. C. Just. Pray apply your self to the matter you are called for Mr. Howard This it may be is to the matter when you have heard me for I think I know where I am and what I am to say L. C. Just. We must desire you not to go on thus Mr. Howard I must satisfie the World as well as I can as to my Self and my Family and pray do not interrupt me After this my Lord there never passed a Day for almost L. C. Just. Pray speak to this matter Mr. Howard Sir I am coming to it L. C. Just. Pray Sir he directed by the Court. Mr. Howard Then now Sir I will come to the Thing Upon this ground I had of my Lords kindness I applied my self to my Lord in this present Issue on the breaking out of this Plot. My Lord I thought certainly as hear as I could discern him for he took it upon his Honor his Faith and as much as if he had taken an Oath before a Magistrate that he knew nothing of any Man concerned in this Business and particularly of my Lord Russell whom he vindicated with all the Honour in the World My Lord it is true was afraid of his own Person and as a Friend and a Relation I Concealed him in my House and I did not think it was for such a Conspiracy but I thought he was unwilling to go to the Tower for nothing again So that if my Lord Howard has the same Soul on Monday that he had a Sunday this can't be true that he Swears against my Lord Russell This I say upon my Reputation and Honour and something I could say more he added he thought my Lord Russell did not only unjustly Suffer but he took God and Men to Witnesse He thought him the worthyest Person in the World I am very sorry to hear any Man of my Name should be Guilty of these Things L. Russell Call Dr. Burnet Pray Dr. Burnet did you hear any thing from my Lord Howard since the Plot was discovered concerning me Dr. Burnet My Lord Howard was with me the Night after the Plot broke out and he did then as he had done before with Hands and Eyes lifted up to Heaven say he knew nothing of any Plot nor believed any and treated it with great Scorn and Contempt L. Howard My Lord may I speak for my self Sir G. Jeff. No no my Lord we don't call you L. C. Just. Will you please to have any other Witnesses called L. Russel There are some Persons of Quality that I have been very well accquainted and conversed with I desire to know of them if there was any thing in my former Carriage to make them think me like to be Guilty of this My Lord Cavendish L. Cavendish I had the Honour to be acquainted with my Lord Russell a long time I always thought him a Man of great Honour and too Prudent and Wary a Man to be concerned in so Vile and Desperate a design as this and from which he would receive so little advantage I can say nothing more but that Two or Three days since the Discovery of this Plot upon discourse about Col. Rumsey my Lord Russell did express something as if he had a very ill Opinion of the Man and therefore it is not likely he would intrust him with such a Secret L. Russell Dr. Tillotson He appears L. C. Just. VVhat Questions would you ask him my Lord L. Russell He and I happened to be very conversant To know whether he did ever find any thing tending to this in my discourse L. C. Just. My Lord calls you as to his Life and Conversation and Reputation Dr Tillotson My Lord I have been many Years last past acquainted with my Lord Russell I always Judged him a Person of great Vertue and Integrity and by all the Conversation and Discourse I ever had with him I always took him to be a Person very far from any such wicked Design he stands Charged with L. Russell Dr. Burnet If you please to give some account of my Conversation Dr. Burnet My Lord I have had the Honour to be known to my Lord Russell several Years and he hath declared himself with much Confidence to me and he always upon all occasions expressed himself against all Risings and when he spoke of some People that would provose to it he expressed himself so determined against that matter I think no Man could do more L. C. Just. VVill your Lordship call any other VVitnesses L. Russell Dr. Cox Dr. Thomas Cox stood up Dr. Cox My Lord I did not expect to have been spoken to upon this Account Having been very much with my Lord of late that is for a Month or Six Weeks before this Plot came out I have had occasion to speak with my Lord in private about these Publick Matters But I have always found that my Lord was against all kind of Risings and thought it the greatest Folly and Madness till things should come in a Parliamentary way I have had occasion often to speak with my Lord Russell in private and having my self been against all kind of Risings or any thing that tended to the disorder of the Publick I have heard him profess Solemnly he thought it would Ruin the best Cause in the World to take any of these irregular ways for the preserving of it and particularly my Lord hath expressed himself occasionally of these two Persons my Lord Howard and Col. Rumsey One of them Col. Rumsey I saw once at my Lords House and he offered to speak a little privatly But my Lord told me he knew him but a little I told him he was a Valiant Man and acted his Part Valiantly in Portugal He say'd he knew him little and that he had nothing to do with him but in my Lord Shaftsburys business He say'd for my Lord Howard he was a Man of excellent Parts of Luxuriant Parts but he had the luck not to be much trusted by any Party And I never heard him say one word of Indecency or Immodestly towards the King L. Russell I would pray the Duke of Somerset to speak what he knows of me D. of Som. I have known my Lord Russell for about Two Years and have had much Conversation with him and been often in his Company and never heard any thing from him but what was very Honourable Loyal and Just. L. C. Just. My Lord does say that he has known my Lord Russell for about Two Years and hath had much Conversation with him and been much in his Company and never heard any thing from him but what was Honourable and Loyal and Just in his Life Foreman of the Jury The Gent. of the Jury desire to ask my Lord
Howard something upon the Point my Lord Anglesey testified and to know what answer he makes to my Lord Anglesey L. C. Baron My Lord What say you to it that you told his Father he was a discreet Man and he needed not to Fear his Ingagement in any such thing L. Howard My Lord if I took it right my Lord Angleseys Testimony did Branch it self into Two Parts one of his own Knowledg and the other by Hear-say as to what he sayd of his own knowledg when I waited upon my Lord of Bedford and endeavoured to comfort him concerning his Son I believe I sayd the words my Lord Anglesey has given an account of as near as I can remember that I looked upon his Lordship as a Man of that Honour that I hoped he might be secure that he had not Intangled himself in any thing of that Nature My Lord I can hardly be provoked to make my own defence least this Noble Lord should Suffer so willing I am to serve my Lord who knows I can't want Affection for him My Lord I do confess I did say it for your Lordship well knows under what Circumstances we were I was at that time to out-face the thing both for my self and my Party and I did not intend to come into this Place and Act this Part. God knows how it is Brought upon me and with what unwillingness I do Sustain it but my Duty to God the King and my Country requires it but I must confess I am very sorry to carry it on thus far My Lord I do confess I did say so and if I had been to Visit my Lord Pemberton I should have say'd so There is none of those that know my Lord Russell but would speak of my Lord Russell from those Topicks of Honour Modesty and Integrity his whole Life deserves it And I must confess I did frequently say there was nothing of Truth in this and I wish this may be for my Lords advantage My Lord will you spare me one thing more because that leans hard upon my Reputation and if the Jury beleive that I ought not to be beleived for I do think the Religion of an Oath is not Tyed to a Place but receives its Obligation from the appeal we therein make to God and I think if I called God and Angels to Witness to a Fals-hood I ought not to be beleived now But I will tell you as to that your Lordship knows that very Man that was Committed was Committed for a design of Murdering the King now I did lay hold on that part for I was to carry my Knife close between the Parting and the Apple and I did say that if I were an Enemy to my Lord Russell and to the Duke of Monmouth and were called to be a Witness I must have declared in the presence of God and Man that I did not beleive either of them had any design to Murder the King I have said this because I would not walk under the Character of a Person that would be Perjured at the expence of so Noble a Persons Luc and my own Soul L. Russell My Lord Clifford L. C. Just. What do you please to ask my Lord Clifford L. Russell He hath known my Conversation for many Years L. Clifford I always took my Lord to be a very Worthy Honest Man I never saw any thing in his Conversation to make me beleive otherwise L. Russell Mr. Gore Mr. Luton Gore I have been acquainted with my Lord several years and conversed much with him in all the Discourse I had with him I never heard him let any thing fall that tended in the least to any Rising or any thing like it I took him to be one of the best Sons one of the best Fathers and one of the best Masters one of the best Husbands one of the best Friends and one of the best Christians we had I know of no Discourse concerning this matter L. Russel Mr. Spencer and Dr. Fitz Williams Mr. Spencer My Lord I have known my Lord Russel many years I have been many Months with him in his House I never saw any thing by him but that he was a most Vertuous and Prudent Gentleman and he had Prayers constantly twice a day in his House L. C. Just. What as to the General Conversation of his Life my Lord asks you whether it hath been sober Mr. Spencer I never saw any thing but very good very Prudent and very Vertuous L. Russel What Company did you see used to come to me Mr. Spencer I never saw any but his neâ—r Relations or his own Famely I have the honour to be related to the Family Then Doctor Fitz Williams stood up L. Russel If it please you Doctor you have been at my House several times give an account of what you know of me Dr. Fitz Williams I have had the knowledg of my Lord these Fourteen Years from the time he was Married to his present Lady to whose Father Eminent for Loyalty I had a Relation by Service I have had acquaintance with him both at Stratton and Southampton Buildings and by all the Conversation I had with him I esteemed him a Man of that Vertue that he could not be Guilty of such a Crime as the Conspiracy he stands charged with L.C. J. My Lord does your Lordship call any more Witnesses L. Russel No my Lord I will be very short I shall declare to your Lordship that I am one that have always had a heart sincerely Loyal and Affectionate to the King and the Government the best Government in the world I pray as sincerely for the Kings happy and long life as any man alive and for me to go about to raise a Rebellion which I looked upon as so wicked and unpracticable is unlikely Besides if I had been inclined to it by all the observation I made in the Country there was no tendency to it What some hot-headed people have done there is another thing A Rebellion can't be made now as it has been in former times we have few great Men. I was always for the Government I never desired any thing to be redressed but in a Parliamentary and Legal way I have been always against Innovations and all Irregularities whatsoever and shall be as long as I live whether it be sooner or later Gentlemen I am now in your hands eternally my Honour my Life and all and I hope the Heats and Animosities that are amongst you will not so byass you as to make you in the least inclined to find an Innocent man guilty I call to witness Heaven and Earth I never had a design against the Kings Life in my life nor never shall have I think there is nothing proved against me at all I am in your hands God direct you Mr. Sol. Gen. My Lord and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in Conspiring the Death of the King The Overt Act that is laid to prove
that Conspiracy and imagination by is the assembling in Council to raise Arms against the King and raise a Rebellion here We have proved that to you by Three Witnesses I shall endeavour as clearly as I can to state the substance of the Evidence to you of every one of them as they have delivered it The first Witness Colonel Romsey comes and he tells you of a Message he was sent of to Mr. Sheppards house to my Lord Russel with several other persons who he was told would be there assembled together And the Message was to know what readiness they were in what Resolutions they were come to concerning the Rising at Taunton By this you do perceive that this Conspiracy had made some progress and was ripe to be put in action My Lord Shaftesbury that had been a great Contriver in it he had pursued it so far as to be ready to rise This occasioned the Message from my Lord Shaftesbury to my Lord Russel and those Noble persons that were met at Mr. Sheppards house to know what the Resolution was concerning the business of Taunton which you have heard explained by an undertaking of Mr. Trenchards That the answer was they were disappointed there and they could not then be ready and that my Lord Shaftesbury must be content This Message was delivered in presence of my Lord Russel the Messenger had notice my Lord Russel was there the Answer was given as from them all That at present they could not be ready because of that disappointment Col. Romsey went further and he Swears there was a Discourse concerning the Surprizing of the Guards and the Duke of Monmouth my Lord Gray and Sir Thomas Armstrong went to see in what posture they were in whether it were feasible to surprize them and they found them very remiss and that account they brought back as is proved to you by Mr. Sheppard the other Witness That it was a thing very feasible But to conclude with the substance of Col. Romseys Evidence he says my Lord was privy to it that he did discourse among the rest of it though my Lord was not a man of so great discourse as the rest and did talk of a Rising He told you there was a Rising determined to be on the 19th of November last which is the substance of Col. Romseys Evidence Gentlemen the next Witness is Mr. Sheppard and his Evidence was this he Swears that about October last Mr. Ferguson came to him of a Message from the Duke of Monmouth to let him know that he and some other persons of Quality would be there that night that accordingly they did meet and my Lord Russel was there likewise that they did desire to be private and his Servants were sent away and that he was the man that did attend them He Swears there was a discourse-concerning the way and method to seize the Guards he goes so far as to give an account of the Return of the Errand the Duke of Monmouth my Lord Gray and Sir Thomas Armstrong went upon That it was feasible if they had strength to do it Then he went a little farther and he told you there was a Paper read that in his Evidence does not come up to my Lord Russel for he did not say my Lord Russel was by and I would willingly repeat nothing but what concerns the Prisoner This therefore Col. Romsey and Mr. Sheppard agree in That there was a Debate among them how to surprize the Guards and whether that was feasible and Mr. Sheppard is positive as to the return made upon the view The next Witness was my Lord Howard he gives you an account of many things and many things that he tells you are by hearsay But I cannot but observe to you that all this hearsay is confirmed by these two positive Witnesses and their Oaths agree with him in it For my Lord Shaftsbury told him of the disappointment he had met with from these Noble Persons that would not joyn with him and then he went from my Lord Shaftsbury to the Duke of Monmouth to expostulate with him about it for my Lord Shaftsbury was then ready to be in action and that the Duke said he always told him he would not engage at that time This thing is confirmed to you by these two Witnesses Col. Romsey says when he brought the Message from my Lord Shaftsbury the answer was They were not ready my Lord must be contented Next he goes on with a discourse concerning my Lord Shaftsbury that does not immediaâ—â—ly come up to the Prisoner at the Bar but it manifests there was a Designe at that time he had 10000 brisk Boys as he called them ready to follow him upon the holding up his finger But it was thought not so prudent to begin it unless they could joyn all their Forces So you hear in this they were disappointed And partly by another accident too my Lord Howard had an apprehention it might be discovered that was upon the Proclamation that came out forbidding Bonfires to prevent the ordinary Tumâ—lts that used to be upon those occasions Then my Lord Howard goes on and comes particularly to my Lord Russel for upon this disappointment you find my Lord Shaftsbury thought fit to be gone But after that the Designe was not laid aside for you hear they onely told him all along they could not be ready at that time but the Designe went on still to raise Arms and then they took upon themselves to consult of the methods of it and for the carrying it on with the greater secrecy they chose a select Council of Six which were the Duke of Monmouth my Lord of Effix my Lord Howard my Lord Russel Mr. Hambden and Col. Sidney That accordingly they met at Mr. Hambden's there was their first meeting and their Consultation there was how the Insurrection should be made whether first in London or whether first in the Country or whether both in London and in the Country at one time They had some Debates among themselves that it was fittest first to be in the Country for if the King should send his Guards down to suppress them then the City that was then as well disposed to rise would be without a Guard and easily effect their designes here Their next meeting was at my Lord Russel's own house and there their Debates were still about the same matter how to get in Scotland to their assistance and in order to that they did intrust Col. Sidney one of their Counsel to send a Messenger into Scotland for some persons to come hither my Lord Melvin Sir Hugh Cambell and Sir Iohn Cockram Accordingly Col. Sidney sends Aaron Smith but this is onely what Col. Sidney told my Lord afterwards that he had done it but you see the fruit of it Accordingly they are come to Town and Sir Hugh Cambell is taken by a Messenger upon his arrival and he had been but four days in Town and he had changed his Lodging three
times Now Gentlemen this is the substance of the Evidence that hath been produced against my Lord Russel My Lord Russel hath made several Objections That he was accidentally at this meeting at Mr. Shephards house and came about other business but I must observe to you that my Lord Russel owned that he came along with the Duke of Monmouth and I think he said he went away with him too You observe what Mr. Sheppard's Evidence was Mr. Ferguson came to tell him the Duke of Monmouth would come and accordingly the Duke of Monmouth did come and brought his Companion along with him which was my Lord Russel and certainly they that met upon so secret an Affair would nâ—ver have brought one that had not been concerned Gentlemen there are other Objections my Lord hath made and those are in point of Law but before I come to them I would observe what he says to the second Meeting My Lord does not deny but that he did meet both at Mr. Hambdens house and my Lords own I think my Lord said they did meet onely to discourse of News and my Lord Howard being a man of excellent discourse they met for his conversation Gentlemen you can't believe that this designed Meeting was for nothing in this close secret Meeting that they had no contrivance among them You have heard the Witness he swears positively what the Conversation was and you see the fruit of it Sir Hugh Cambell's coming to Town and absconding when it is discovered Now my Lord Russel insists upon it that admitting these Facts be proved upon him they amount to no more than to a Conspiracy to levy War and that that is not Treason within the Statute of 25 E. 3. and if it be onely within the Statute of the 13th of this King then 't is out of time that directs the prosecution to be within six months The Law is plainly otherwise The Statute of the 13th of this King I will not now insist upon though I believe if that be strictly looked into the clause that says the prosecution shall be within six months does not refer to Treason but only to the other offences that are highly punishable by that Statute For the Proviso runs thus 13. Car. 2. Provided always that no person be prosecuted for any of the Offences in this Act mentioned other than such as are made and declared to be High Treason unless it be by Order of the Kings Majesty his Heirs or Successors under his or their Sign Manual or by order of the Council-Table of his Majesty his Heirs or Successors directed unto the Attorney General for the time being or some other of the Councel learned to his Majesty his Heirs or Successors for the time being Nor shall any Person or Persons by vertue of this present Act incur any the Penalties herein before mentioned unless be or they be prosecuted within six months next after the offence committed and indicted thereupon within three months after such prosecution any thing herein contained to the contrary notwithstanding This word Nor is a continuation of the former Sentence and the exception of High Treason will go through all and except that out of the temporary limitation of Treason But this is High Treason within 25 E. 3. To conspire to levy War is an Overt Act to restifie the design of the death of the King And the errour of my Lord Cook hath possibly led my Lord into this mistake But this Gentlemen hath been determined it was resolved by all the Judges in the Case of my Lord Cobham 1 Iac. A Conspiracy to levy War against the Kings person as this was a Conspiracy to seize the Guards what does that tend to but to seize the King and that always hath been taken to be High Treason But there are some things called levying of War in Law that are not so directly against the King as if a number of men go about to levy men to overthrow all Inclosures this by the generality of the intent and because of the consequences is accounted levying War against the King A Conspiracy therefore to levy such a War which by construction only is against the King perhaps that may not be such an Overt act as to testifie the imagination of the death of the King but other Conspiracies to raise War against the King have always so been taken 'T is the Resolution of all the Judges in my Lord Dyers Reports the Case of Dr. Story A Conspiracy to invite a forrein Prince to make an Invasion though no Invasion follow is an Overt act to prove conspiring the death of the King And as it has been so taken so it hath been practised but of late days In the King's Bench I take it the Indictment against Plunket that was hanged he was indicted for Conspiring against the Life of the King and his Charge went no further than for raising of Arms and inviting the French King in and he suffered This is acknowledged by my Lord Cook for he himself said in the Paragraph before that out of which this advice to my Lord Russel is extracted That a Conspiracy to invite a forein Prince to invade the Kingdom is a Conspiracy against the Life of the King And in the next Paragraph he says an Overt act of one Treason cannot be an Overt act of another Treason but constant practice is against him in that For what is more common than to indict a man for imagining the death of the King and to assign the Overt act in a Conspiracy to raise Arms against the King and sometimes they go on and say Did levy War against the King Now by my Lord Cook 's rule levying War unless the Indictment be particular for that is not an Overt act for the compassing the death of the King but the contrary hath been resolved by all the Judges in the Case of Sir Henry Vane and it is the constant practice to lay it so in Indictments It would be a strange construction if this should not be High Treason 'T is agreed by every body to take the King Prisoner to seize the King that is a compassing of the death of the King And to sit in counsel to conspire to effect that that is an Overt act of the imagination of the death of the King now no man can distinguish this case from that And this Consultation amounted to all this for plainly thither it tended The Consultation was to seize upon the Kings Guards that could have no other stop but to seize upon the Kings person and bring him into their power As to the Killing of the King I am apt to think that was below the honour of the Prisoner at the Bar but this is equal Treason If they designed only to bring the King into their power till he had consented to such things as should be moved in Parliament 't is equally Treason as if they had agreed directly to assassinate him Therefore I think there is nothing for you to
consider but to see that the fact be fully proved and I see nothing that hath been sald by my Lord Russel that does invalidate our Evidence He hath produced several Witnesses persons of Honour my Lord Anglesey he tells you of a discourse my Lord Howard had with my Lord of Bedford That he told my Lord of Bedford that he needed not to fear for he had a wise and understanding Son and could not think he should be guilty of any such thing as was laid to his charge This is brought to invalidate my Lord Howard's testimony Gentlemen do but observe My Lord Howard was as deep in as any of them and was not then discovered is it likely that my Lord Howard that lay hid should discover to my Lord of Bedford that there was a Conspiracy to raise Arms and that he was in it This would have been an aspertion upon my Lord of Bedford that any such thing should have been said Mr. Edward Howard is the next and he proves That my Lord Howard used solemn protestations that he knew nothing of this Conspiracy I did observe that worthy Gentleman in the beginning of his discourse for it was pretty long said first that he had been several times tempting my Lord Howard to come over and be serviceable to the King and if he knew any thing that he would come and confess it Why Gentlemen Mr. Howard that had come to him upon these Errands formerly and had thought he had gained him I conceive you do not wonder if my Lord Howard did not reveal himself to him who presently would have discovered it for for that Errand he came But if my Lord had had a design to have come in and saved his Life he would have made his submission voluntarily and made his Discovery But my Lord tells nothing till he is pinched in his Conscience and confounded with the guilt being then in custody and then he tells the whole truth that which you have heard this day Gentlemen this hath been all that hath been objected against the Witnesses except what is said by Dr. Burnet and he says that my Lord Howard declared to him that he believed there was no Plot and laughed at it Why Gentlemen the Dr. would take it ill to be thought a person fit to be intrusted with the discovery of this therefore what he said to him signifies nothing for 't is no more than this that he did not discover it to the Dr. But the last Objection which I see there has been a great many persons of Honour and Quality called to is That 't is not likely my Lord Russel should be guilty of any thing of this kind being a man of that Honour Vertue and so little blameable in his whole Conversation I do confess Gentlemen this is a thing that hath weight in it But consider on the other hand my Lord Russel is but a man and hath his Humane frailties about him Men fall by several temptations some out of revenge some by malice fall into such offences as these are my Lord Russel is not of that temper and therefore may be these are not the ingredients here But Gentlemen there is another great and dangâ—â—ous temptation that attends people in his circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This hath been a dangerous temptation to many and many persons of Vertue have fallen into it and 't is the only way to tempt persons of Vertue and the Devil knew it for he that tempted the Patern of Vertue shew'd him all the Kingdoms of the world and said All these will I give thee if thou wilt fall down and worship me Though he be a person of Vertue yet it does not follow but his Vertue may have some weak part in him And I am afraid these temptations have prâ—vailed upon my Lord. For I cannot give my self any colour of objection to disbelieve all these Witnesses who give in their testimony I see no contradiction no correspondence no contrivance at all between them You have plain Oaths before you and I hope you will consider the weight of them and the great consequence that did attend this case the oâ—â—â—throw of the best Government in the world and the best and most unspotted Religion which must needs have suffered the greatest Liberty and the greatest Security for Property that ever was in any Nation bounded every way by the rules of Law and those kept Sacred I hope you will consider the weight of this Evidence and consider the consequences such a Conspiracy if it had taken effect might have had And so I leave it to your consideration upon the Evidence you have heard Sir Geo. Jefferies My Lord and you Gentlemen of the Jury this Cause hath detained your Lordship a long time by reason of so many Witnesses being called and the length of the defence made by the Prisoner at the Bar and if it had not been for the length I would not have injured your patience by saying any thing Mr. Sollicitor having taken so much pains in it It is a duty incumbent upon me under the circumstances I now stand to see if any thing hath been omitted that hath not been observed to you and I shall detain you with very few words Gentlemen you must give me leave to tell you 't is a Case of great consequence of great consequence to that Noble Person that now is at the Bar as well as to the King for it is not desired by the King nor by his Counsel to have you influenced in this matter by any thing but by the truth and what Evidence you have received You are not to be moved by compassion or pity the Oath you have taken is to go according to your Evidence and you are not to be moved by any insinuations that are offered by us for the King nor by any insinuations by the Prisoner at the Bar but the truth according to the Testimony given must be your Guide How far the Law will affect this Question that we are not to apply to you for for that we are to apply our selves to the Court they are the Judges in point of Law who will take so much care in their directions to you that you may be veâ—y well satisfied you will not easily be led into errour For the instances that have been puâ— I could put several others But I will take notice onely of one thing that that Noble Person at the Bar seems to object Gentlemen it is not necessary there should be two Witnesses to the self-same Fact at the self-same time but if there be two Witnesses tending to the self-same Fact though it was at several times and upon several occasions they will be in point of Law two Witnesses which are necessary to convict a man for High-Treason Gentlemen I make no doubt this thing is known to you all not onely by the Judgment of all the Judges in England
but the Judgement of the Lords in Parliament when I doubt not the Prisoner at the Bar did attend in the Case of my Lord Stafford wherein one Witness gave an account of a Conspiracy in England Turbervile of another in France and by the Opinion of all my Lords the Judges approved in Parliament that was enough and he was convicted The Question is whether we have sufficiently proved this matter Gentlemen I must tell you we rake no Gaols nor bring any proâ—â—gate Persons Persons that wanted faith or credit before this time I must tell you that notwithstanding the fair notice that hath been given to the Prisoner at the Bar that you see he hath taken an advantage of it he hath given an account of a private Conversation with my Lord Howard before that Noble Person that was Witness against him was taken he has not given you in all his Proof hitherto nay I say he has not pretended any thing in the world wherefore you Gentlemen that are upon your Oaths should take it upon your Consciences that two men against whom there is no Objection should come to damn their own Souls to take away the life of this Gentleman when there is no Quarrel no Temptation wherefore these Gentlemen should come in the face of a Court of Justice in the face of such an Auditory without respect to that infinite Being to whom they appeal for confirmation of the truth of their Testimony And if they had the faith of men or Christians they must necessarily conclude that if they did swear to take away a mans life â—hat was innocent God would sink them down presently into Hell Gentlemen in the next place I must acquaint you that the first Witness Col. Romsey it is apparent he was taken notice of by the Prisoner as a man fit to be trusted he was engaged by my Lord Shaftsbury But says he would any man believe that that man that had received so many Marks of the Kings Favour both in advantage to his Estate his Honour and Person could be ever contriving such an Hellish Designe as this Gentlemen if you will argue from such uncertain Conjectures then all Criminals will come off Who should think that my Lord of Essex who had been advanced so much in his Estate and Honour should be guilty of such desperate things which had he not been conselous of he would scarcely have brought himself to that untimely end to avoid the methods of publick Justice Col. Romsey tells you my Lord Shaftsbury was concerned in this Conspiracy I am sorry to find that there have been so many of the Nobility of this Land that have lived so happily under the benign influence of a gracious Prince should make so ill returns Gentlemen I must appeal to you whether in your observation you found Col. Romsey to be over-hasty and an over-zealous Witness he did not come as if he came in spight to the Prisoner at the Bar you found how we were forced to pump out every thing but after he had been pressed over and over again then he came to it So that I observe to you that he was an unwilling Witness Gentlemen give me leave to observe to you the Prisoner at the Bar before such time as Mr. Sheppard came up and gave Evidence against him says he I come only by accident only to tast a parcel of wine Mr. Sheppard when he comes up he tells you there was no such design Ferguson that was the person he kept company with the Reverend Dean and the rest of the Clergy of the Church of England they were not fit to be trusted with it but this Independent Parson Ferguson he gives notice of the coming of these persons and in pursuance of this notice they all come they come late in the evening not in the posture and quality they use to go for you find they had not so much as a Coach Is it probable they came to tast Wine Wherefore did they go up into a room Wherefore did they order Mr. Sheppard that none of the Boys should come up but that the Master must fetch the Sugar and Wine himself wherefore you may perceive the action they were upon there were only to be such persons as had an affection for such a cause You find pursuant to what Col. Romsey says that there was a direction to take a view of the Guards that Sir Tho. Armstrong comes back and makes this Report says he I have taken notice they are in such an idle careless posture that it is not impossible to surprize them This Mr. Sheppard he does not come nor does he appear to you to come here out of any vindictive humor to do the Prisoner at the Bar any hurt In the next place we have my Lord Howard he comes and positively tells you after he had given an account for you observe there were two parts to be acted in this horrid Tragedy there was first the Scoundrel sort of people were to be concerned to take away the Life of the King and the Duke the Great persons were to head the party in the Rising they put themselves in proper postures each of them consenting to something of the Surprize inasmuch as you observe that Sir Thomas Armstrong and some other persons might not be trusted They come and resolve themselves out of a General Council and they meet in a particular Council of Six looking upon themselves as the Heads of the Party And I must tell you many of them we live not in an Age of such obscurity but we know them how fond have they been of the applause of the people As that person incouraged himself yesterday they were Liberatores Patriae that could murder the King and the Duke My Lord I must take notice that this Noble Lord is known to have an intimacy with him you observe with how much tenderness he is pleased to deliver himself how carefully he reports the Debates of the particular Consults of the persons to be intrusted in the management he tells you that Noble Lord the Prisoner at the Bar was pitched upon and Algernoone Sidney a man famous about the Town for what To call in parties from some of his Majesties other Dominions persons we know ripe enough for Rebellion to assist Pursuant to this you find persons sent of a Message for some to come over whereof some are in hold So that for all dark and obscure sort of matters nothing can be brought better to light than this of taking all matters together with the concurring Circumstances of Time and Place Gentlemen I must confess this Noble Lord hath given an account by several Honourable persons of his Conversation which is a very easie matter Do you think if any man had a design to raise a Rebellion against the Crown that he would talk of it to the Reverend Divines and the Noble Lords that are known to be of Integrity to the Crown Do you think the Gentleman at the Bar would have
so little concern for his own life to make this Discourse his ordinary Conversation No it must be a particular Consult of Six that must be intrusted with this I tell you 't is not the Divines of the Church of England but an Independent Divine that is to be concerned in this they must be persons of their own complexion and humour For men will apply themselves to proper instruments Gentlemen I would not labour in this case for far be it from any man to endeavour to take away the life of the innocent And whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts into the Scale Gentlemen I must tell you on the other side you have Consciences Religion you have a Prince and a merciful one too consider the life of your Prince the life of his Posterity the consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving Gentlemen I must put these things home upon your Consciences I know you will remember the horrid Murder of that most pious Prince the Martyr King Charles the First How far the practices of those persons have influenced the several punishments since is too great a secret for me to examine But now I say you have the life of a merciful King you have a Religion that every honest man ought to stand by and I am sure every Loyal man will venture his Life and Fortune for You have your Wives and Children Let not the greatness of any man corrupt you but discharge your Consciences both to God and the King and to your Posterity L.C.J. Gentlemen of the Jury the Prisoner at the Bar stands indicted before you of High Treason in compassing and designing the death of the King and in declaring of it by Overt acts endeavouring to raise Insurrections and popular Commotions in the Kingdom here To this he hath pleaded Not Guilty You have heard the Evidence that hath been against him it hath been at large repeated by the Kings Counsel which will take off a great deal of my trouble in repeating it to you again I know you cannot but take notice of it and remember it it having been stated twice by two of the Kings Counsel to you 't is long and you see what the parties here have proved There is first of all Col. Romsâ—y he does attest a Meeting at Mr. Sheppard's house and you hear to what purpose he says it was the Message that he brought and the Return he had it was to enquire concerning a Rising at Taâ—nton and that he had in return to my Lord Shaftsbury was that Mr. Trenchard had failed them and my Lord must be contented for it could not be that time You hear that he does say that they did design a Rising he saith there was a Rising designed in November I think he saith the 17th upon the day of Queen Elizabeth's birth You hear he does say there was at that Meeting some discourse concerning inspecting the Kings Guards and seeing how they kept themselves and whether they might be surprized and this he says was all in order to a Rising He says that at this my Lord Russel was present Mr. Sheppard does say that my Lord Russel was there That he came into this Meeting with the Duke of Monmouth and he did go away with the Duke of Monmouth as he believes He says there was some discourse of a Rising or Insurrection that was to be procured within the Kingdom but he does not tell you the particulars of any thing he himself does not My Lord Howard afterwards does come and tell you of a great discourse he had with my Lord Shaftsbury in order to a Rising in the City of London and my Lord Shaftsbury did value himself mightily upon 10000 men he hoped to raise and a great deal of discourse he had with my Lord Shaftsbury This he does by way of inducement to what he says concerning my Lord Russel The Evidence against him is some Consults that there were by Six of them who took upon them as he says to be a Council for the management of the Insurrection that was to be procured in this Kingdom He instances in two that were for this purpose the one of them at Mr. Hambden's house the other at my Lord Russel's house And he tells you at these Meetings there was some discourse of providing Treasure and of providing Arms but they came to no result in these things He tells you that there was a design to send for some of the Kingdom of Scotland that might joyn with them in this thing And this is upon the matter the substance of the Evidence that hath been at large declared to you by the King's Counsel and what you have heard Now Gentlemen I must tell you some things it lies upon us to direct you in My Lord excepts to these Witnesses because they are concerned by their own shewing in this Design If there were any I did direct some of you might hear me yesterday that that was no sufficient exception against a mans being an Evidence in the case of Treason that he himself was concerned in it they are the most proper persons to be Evidence none being able to detect such Councils but them You have heard my Lord Russels Witnesses that he hath brought concerning them and concerning his own integrity and course of life how it has been sober and civil with a great respect to Religion as these Gentlemen do all testifie Now the Question before you will be whether upon this whole matter you do believe my Lord Russel had any design upon the Kings life to destroy the King or take away his life for that is the material part here 'T is used and given you by the King's Counsel as an evidence of this That he did conspire to raise an Insurrection and to cause a Rising of the people to make as it were a Rebellion within the Nation and to surprize the King's Guards which say they can have no other end but to seize and destroy the King and 't is a great evidence if my Lord Russel did design to seize the King's Guards and make an Insurrection in the Kingdom of a design for to surprize the King's Person It must be left to you upon the whole matter You have not evidence in this Case as there was in the other matter that was tried in the morning or yesterday against the Conspirators to kill the King at the Rye There was a direct evidence of a Consult to kill the King that is not given you in this Case this is an act of contriving Rebellion and an Insurrection within the Kingdom and to seize his Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King Upon this whole matter this is left to
untrue thing for you Rouse My Lord I only beg a little time I don't design to make any evasion That I am innocent I thank God I am L. C. J. We can't give you any further time unless the King pleases we are bound to Try those he brings before us Sir G. Jeff. Because Captain Blage does desire not to be joyned to the other we that are for the King are contented that Rouse be Tryed first Then Captain Blage was taken away and after several Persons challenged by Rouse the Iury that were Sworn were Robert Beddingfeild John Pelling William Windbury Theophilus Man John Short Senior Thomas Nicholas Richard Hoare Thomas Barnes Henry Robbins Henry Kempe Edward Raddish Edward Kempe Cl. of Cr. John Rouse Hold up thy hand You of the Jury look upon the Prisoner and hearken to his Cause he stands Indicted Prout antea in the Indictment Mutatis Mutandis upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal put himself upon his Country which Country you are your Charge is to inquire c. Mr. Jones May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar stands Indicted for High Treason in conspiring the Death of the King and in order thereunto consulting how to-seize the Tower and in providing of Arms in order to destroy the King and subvert the Government if we prove it upon him you are to find him Guilty Sir G. Jeff. The Prisoner at the Bar was as you have been acquainted in that horrid conspiracy whereof several of the Conspirators have been brought to Tryal and received a Verdict surely according to Evidence The Prisoner at the Bar did bear a proportion among the rest It does occur to your memorys There were several undertakers that undertook several stations some whereof were to undertake the blackest part of this horrid Villany by the taking off the King and his R. Highness his Brother others in order to the same design were to seize upon the King's Guards and so to deprive him of all manner of defence whatsoever and to prevent all persons to make any defence against them as you heard there was another part to be acted therefore the Town was to be divided into several Divisions I think there was Twenty but the most numerous and beneficial parts were thought to be about Wapping A particular part of the Evidence was that the Tower was to be seized and the Kings Arms there I know you observed that they took notice of a particular place of the Tower that was most capable of access This Rouse is a Gentleman very well known 't is not the first time he hath been at this Barr He was here at a time when the common justice of the Nation could not be obtained in this place in so much that the Judges who came to execute Justice had more reason to fear being executed upon the Bench than the Prisoner at the Bar. It may easily appear how far Mr. Rouse was concerned I don't love to aggravate matters he has crimes enough he was reckoned Pay master to this rabble he was to take care to manage those persons that were to seize upon the Tower He is a man of great skill in that subject a Doctrine wherein he was well tutoâ—ed under a Lord you heard mentioned this morning but he is in his grave and so I shall say no more of him We shall give you an account of a design he had how to compass this business Black heath was looked upon as a convenient place where there was to be a Golden Ball for which the Sea-men were to play in great numbers and he that won the prize was to have the Golden Ball but his eye was upon the Tower all this while He thought to allure these silly Sea-men by the advantage of the honourable winning of this Ball and when they were fraighted with the success of this meeting then it was proper to attack the Tower We shall prove the other Prisoner that was at the Barr ingaged with this Prisoner at the Barr. We shall not only prove this but that Mr. Rouse hath been always of an inclination against the Government We shall call you Witnesses that he hath undertaken to dispute by what Authority the King comes to govern into England that he hath said he had forfeited his Government that he told an ordinary Miscreant one of his Levellers that he had as much right to the Crown as he had My Lord if we prove this matter to your Lordship and the Gentlemen of the Jury it will be high time for us to endeavour to preserve the Crown upon that Royal Head upon which all Loyal men desire it should flourish as long as the Sun and Moon indure Mr. Burton Call Thomas Leigh Who was Sworn Mr. Jones Pray give us an account what you know concerning Mr. Rouse Mr. North. Of any design against the King and providing Arms. Rouse If it please you my Lord one word before he speaks I have an exception against him I wonder with what confidence you can look in my face at this time Kings Counsell Nay nay speak to the Court. Rouse My Lord he is a person that before he was taken up was swore by two persons to have a hand in the Plot one was Mr. Keeling the other Mr. How of Old street and then being taken up and conscious to himself that he was Guilty of such notorious crimes and knowing I was pretty well acquainted with him he was deadly afraid I should come and Swear against him and thereupon he took the boldness to swear against me first Mr. North. My Lord he hath offered nothing of Objection Rouse I suppose with submission to the Court without he have his Pardon he is no Evidence in this case Sir G. Jeff. Come tell us all you know Mr. Leigh If it please you my Lord I have been concerned in this Conspiracy I know something of it but I believe Mr. Rouse knows a great deal more Mr. Rouse takes me to the Kings head Tavern in Swithins-Alley where after some time Mr. Goodenough came where there was a Clubb of men that was in the Conspiracy I had seen Mr. Goodenough before he acquainted me that there was an apprehension our Rights and Priviledges were Invaded and it was time to look to our selves for Popery was designed and Arbitrary power and therefore he desired to know whether I would ingage in that affair to prevent it and withall he told me the City of London and Middlesex was divided in Twenty-parts and he asked me to ingage in one part I told him my acquaintance did not ly where I lived but I would get a part where my acquaintance was I acquainted Mr. Rouse and Mr. Goodenough what men I had spoke to Mr. Goodenough told me the design was to set up the Duke of Monmouth and kill the King and the Duke of York but that all Parties must not know of it
But that we must tell some people there was like to be a Foraign Invasion and ask them what readiness they were in and if we found they were like to be compliant in that then we might discourse with them about the other matter I discoursed with several men about this affair and he told me the Lord Mayor and Aldermen were to be killed immediately especially the present Lord Mayor Sir Iohn Moor and their houses plundred and there would be Riches enough and that would help to maintain the Army and we went on further in this discourse Then I acquainted Mr. Rouse with this business but he knew of it before and he did tell me he could provide Arms for an Hundred men and said nothing was to be done unless the King was seized saying we remember since Forty One the King went and set up his standard Therefore says he we will seize them that they shall not set up their Standard But says he I am for seizing them but not for shedding their blood Mr. Rouse went off with that discourse says he I must speak with Mr. Goodenough and some of those that are principally concerned Mr. Rouse acquainted me that it was a very convenient thing to have a Ball played upon Black-Heath and to that end we must speak to some Sea Captains and says he I will ingage Ten and they shall manage that affair and he that wins the Ball take it But when they have so done every Captain shall take his Party and tell them they have other work and then go with long Boats and Arms and seize the Tower I acquainted Mr. Goodenough with this and Mr. Goodenough asked me the charge of the Golden Ball Mr. Rouse had told me it would be Ten or a Dozen Pounds Mr. Goodenough said if it was Forty Pound he would be at the charge of it all Several such discourses Mr. Rouse hath in my hearing spoke to several men at the Kings-Head Tavern I understood I was Sworn against I heard of it at the Kings Head Tavern in his Company and Mr. Goodenough's Mr. Rouse directed me to go to the Sun Tavern near Moorgate and he would come to me and there Mr. Rouse and Mr. Goodenough came to me and Mr. Rouse told me I should ly at his house Mr. Rouse cut off my hair and went to Mr. Bateman's and fetched me a Perriwigg Mr. Rouse and I went several times to view the Tower and took Mate Lee along with us So Mate Lee directed us to Traitors-Bridge and he said that was an easy place and he would undertake to do it with an Hundred men so they had but hand Granadoes We had some time before that appointed to meet at Wapping to speak with the Sea-Captains Mr. Rouse met the first day in order to this business at the Amsterdam Coffee house and there Mr. Rouse met with two Sea-Captains as he told me that were to officiate in this business and the Two Captains he took to the Angel and Crown in Threadneedle-street A small time after about an hour and a half or thereabouts Mr. Rouse came I am not positive whether Mr. Goodenough were there or no and told me he had spoke to both the Sea-Captains and they were willing but one was going to New Iersy and therefore the work must be done before he went or he could not assist another time he appointed Mate Lee to meet at the Anchor in Wapping I did speak to Mr. Goodenough but he did not meet us so that we could not go down that day but Mr. Rouse always undertook that business to get Ten Sea-Captains and get Armes for an Hundred men After I was Sworn against and went to Mr. Rouse's house the next day Mr. Nelthrop and Mr. Goodenough came to me to Mr. Rouse's says Mr. Rouse be not discouraged let the business go on I was directed by Mr. Nelthrop and Mr. Goodenough when ever I was taken into Custody I should deny all and it could not touch my life I thank him for his kindness I lay well and eat well at his house my Lord but however I will tell the truth We met afterwards several times and went to Captain Blage's and the rest of the Company but at different places We had an accompt that Mr. Goodenough was in the North raising men and that the Duke of Monmouth was thereabouts and that a deliverance should be wrought for all this L. C. J. About what time was this Mr. Leigh In last June The design was so laid that I was told it was to be done in a Fortnight They never agreed on a way or method of killing the King but they told me they had a Thousand Horse ready in the Country and that there was Five Hundred Horse or thereabouts ready in the Town and that the King should be killed coming from Windsor Now they were contriving how to send Arms that they might not be suspected to some private place they were to be sent in Trunks to some private house and there they were to Arm themselves in the Night and some brisk men were to go to Windsor to know when the King came and give Information and so they were to set upon him in some convenient plaâ—e and bâ—â—â— were to be taken off together the King and the Duke and Mr. Rouse said take them off and then no man can have Commission to fight for them Sir G. Jeff. He is a Polititian every inch of him Mr. Jones What did he imploy you to do Mr. Leigh I was imployed by Mr. Goodenough to make all the friends I could in this Ingagement I went into Spittle-fields and ingaged some Weavers and other people They promised me a gratuity but I never had any thing Sir G. Jeff. If Mr. Rouse has a mind to ask him any questions Rouse I will my Lord. L. C. J. Propose your questions to the Court. Rouse I ask him by the Oath he has taken whether ever I spake with him of any design against the King and Government I ask you whether you did not begin with me L. C. J. You hear his question answer it Mr. Leigh For that I answer that Mr. Rouse was the first man that ever I heard propose that the King and the Duke should be secured and there is another thing come in my mind Mr. Rouse hath been a Traveller he did presume to say and has said to me and in Company that the King was Sworn in France and Spain to bring in Popery and Arbitrary power in so many years and therefore it was no sin to take him off and he told me he had it under his own hand Rouse It was impossible my Lord. Sir G. Jeff. I do beleive it I do not believe he thought thee fit to be a Secretary L. C. J. Look you if you would have any thing asked him propose it to me Rouse What place was it I began to speak of any thing of this design Mr. Leigh The Kings-head Rouse Who was with us
Mr. Leigh Mr. Goodenough and several others Rouse Was it discoursed of before them Mr. Leigh No You never discoursed of it before them Rouse You discoursed of going an Hay-making in the Country says you I will trust them one alone but says you I am under an Oath of Secresy not to communicate it but to one at a time but I make bold to acquaint you with it I give you an accompt what I heard from his own mouth L. C. J. Look you what you heard from him will signify nothing unless you are able to make proof of it by other Witnesses If you will ask him any questions you shall We will hear what you can say for your self at last But you must not Invade the Kings Evidence with any discourse at Randome Rouse Did I ever put you upon any thing of this nature did you not tell me there was a design to overturn the Government but you would not shed blood Mr. Leigh I will answer I can't be positive whether I came to Mr. Rouse or he to me I had been in his Company several times before and whether he discoursed it first to me or I to him I cannot tell but when that point was discoursed he was very zealous to get en Captains and that the Ball might be played and the Tower taken Rouse Dâ—d ever Mr. Goodenough and you and I meet upon such an accompt Mr. Leigh Yes at the Kings-head Tavern Rouse I can take my Oath I never saw Mr. Goodenough but twice in your Company and I never knew you till May last Sir G. Jeff. You came to a very strict alliance by that time it came to June Mate Lee Sworn Sir G. Jeff. Tell my Lord and the Jury what you know the whole truth and nothing but the truth Lee. The whole truth I will tell About a week before Midsummer or thereabouts I met Mr. Rouse I think it was in Popes-Head Alley going to look after Captain Blage says Mr. Rouse I have something to say to you but he did forbear speaking it then so I went to the Kings head Tavern by the Exchange we went into a little Room says he there is something I would have you do What 's that says I. Says he can't you get some Sea-men sitting to make Commanders of Ships I did not understand Mr. Rouse's meaning in it but I thought Mr. Rouse being in Employment might put me in being destitute of employment as well as other men So after we did appoint to meet at Wapping at the sign of the Blew-Anchor in Wapping-Dock Says Mr. Rouse if I come not at Ten of the Clock do not look for me Says he can you get no men that are fit to make Commanders of Ships says I I have no acquaintance with any I do not know but Two or Three but says I I will see what I can do I waited for Mr. Rouse and Mr. Leigh next day both were to come The next day I asked him what he intended by the Commanders of the Ships where would he have those Ships He answered some of the Kings Men of War that lay at Deptford and Woolwich to make Guard Ships Says I what will you do if you have no Powder and Shot if you could take the Tower then you might provide them with every thing fitting Says Mr. Rouse we must secure the Tower and Whitehall both or we can do nothing Says I Mr. Rouse where is your Oath of Allegiance then that is to the King says he we will secure the King that he shall come to no damage and he shall remain King still If Mr. Rouse haâ—h any thing to object against what I say I desire to hear it I speak nothing but the truth Sir G. Jeff. Did you meet with him at any other time Lee. This was the first time he put out any such thing to me concerning any such contrivance Sir G. Jeff. Did you meet with him afterwards Lee. Yes we had some discourse it was to the same effect but it signifieâ— nothing and my memory being shallow I do not exactly remember it I know I must give an accompt of this before a greater Court than this Mr. Burton Mr. Corbin Sir G. Jeff. I did acquaint you my Lord that there was occasion to make use of Evidence against the Prisoner at the Barr I gave you an account how that Evidence was not receiv'd Now I desire to give you prooâ— that the continual inclination of this man's heart was the Killing of the King and destruction of the Government Mr. Thomas Corbin Sworn Sir G. Jeff. Pray Sir tell my Lord and the Gentlemen of the Jury what meetings you had her â—ofore with the Prisoner about the year Eighty One or thereabouts See whether you know him Mr. Corbin What I have to say against Mr. Rouse is only what I gave in Evidence to the Court before Rouse When was that Mr. Corbin In Eighty One L. C. J. Pray what do you know of him don't tell us what you gave in Evidence but you are on your Oath to speak truth not what you said then Mr Corbin My Lord Some few days before the Memâ—ers for the City of London went for Oxford I happened to appoint a Gentleman one Mr Wyaâ— to meet me at Mr. Leeches in Cornhill Mr. Rouse came by I knew him very well he was concerned in the Commission for Disbanding the Army as well as I. He came in and Saluted not only me but the Master of the shop with How do you He entred into discourse and said he intended to go for Oxford and that he had agreeâ— with the Coffee-men about Town to furnish them with News says he there are several Gentlemen resorting to your Shop it would do well if you had it Says Mr. Lâ—ch what shall I give you says he if you will go to the Tavern we will agree it over a Glass of Wine But Mr. Rouse told me he had a kindness to beg oâ— me and say he I would have you Ingage some of your friends to deliver them speedily to such a person I shall appoint De Die â—n Diem for says he if they bâ— delivered by the ordinary Letter-Carrier they won't turn to accompt nor give satisfaction By and by Mr. Wyat came in that I was to meet at the Stationers Mr. Wyat asked me what I thought of the Sessions Mr. Rouse made answer he did forsee it would be a very short Sessions Says he these frequent Prorogations and Dissolutions of the Parliament wont avail him for what ever the King has the Parliament gave him and they may take it away when they please One bid him have a care what he said and he replyed the King had forfeited his Crown and had no more right to it than he had L. C. J. Mr. Rouse If you would ask him any questions pray direct your self to us and we will ask them Rouse I desire he may be asked what was said before and after L. C. J. Can
hâ—llish design though I thank God I had no hand in it Say I who are the Persons Pray declare the bottom of this story you come to me about one day after another With much ado he told me Mr. Goodenough was one After this discourse I never saw Mr. Goodenough but twice once was at the King's-head Tavern where I believe was Twenty the second time was a day or two after I saw the Proclamation and his Name in it So much I speak of Mr. Goodenough I asked him the Names of the other persons that were ingaged in this Design and says he I must conceal them for I am under an obligation but the first time I saw the Proclamation against Col. Rumsey and the others says he I was deadly afraid I was in the Proclamation but says he all these persons are concerned and several others Thereupon he told me that when they met they came to this Resolution of seizing the Tower the Aldermen and taking of London Says I pray what money have you to carry on this Money oh says he we don't want money says he Mr. Goodenough hath assured me there is 40000 l. L. C. J. Look you you invert all his discourse He hath sworn it against you Have you any evidence in the world You are not in a capacity to swear against him Rouse My Lord he hath turned it upon me he spake to me always in private L. C. J. Look you You have fixed but upon one person here was Mate Lee that gives a very threwd Evidence against you did he come and teach you did he use these words Rouse My Lord I have nothing to say against Mate Lee I hope he is an honest Man But I having a Design to discover this whole thing and having so much out of Leigh the Dyer L. C. J. What did you use these words to him for then Rouse To satisfie the Gentlemen that put me upon it that I might come to the bottom of the Design Mr. Just. With You say you know a great deal more How came it to pass you never told the King one word of this 'till after you was taken Rouse I have told it since I was taken Mr. Sol. Gen. Pray when you had got to the bottom of all this as you call it why did you deny your Name Rouse I did not deny my Name Sir G. J. He hath as many Names as he has Designs and they are abundance Rouse I did not know they were Officers I did not think there was any obligation upon me to tell every Man my Name L. C. J. You hear what Evidence is given against you concerning your Discourse in Eighty One which though it be not the thing for which you are directly called in question yet if you could clear your self of it it would import you much for that does show your spirit and that you have had a long while a design against the King's Life if that be true therefore it would be very fitting that you purged your self of it and that you could some way or other give an Answer to what you said That the King had forfeited his Crown and had no more right to it than one of those sorry persons you spâ—â—e to And to say the Parliament might take away the King's Authority These are strange treasonable Expressions Rouse My Lord Though this thing be revived which was out of doors two years since and I suppose it is well known to your Lordship who was then upon the Bench. As I was told there was a word in the Indictment called Colloquium He was asked what Discourse passed before But if Mr. Corbin would remember himself I do confess I did say these words but the words that followed before Mr. Just. With. What do you mean the Cart before the Horse Rouse Mr. Wyat was urging of several Discourses the Popish Grandeur in deposing Kings and I gave this Answer in these words Sir says I If it were in the power of any Pope to depose the King then he might as well take away the Crown off the King's Head but he hath no such Power if he had that Power says I then the Crown of England is yours as much as his Mr. Sol. Gen. What was the Colloquium when you said the Parliament might take it away Rouse I never said that L. C. J. I have heard a great deal of your discourse if you think you can make any of it good by Witnesses to your advantage call them Rouse My Lord I have not had time to collect my Witnesses How can it be supposed I should call Witnesses I don't know whether they are here Here are Witnesses called to prove a Matter whereof upon a Tryal two years past I was acquitted Mr. Just. With. Pray do not go away with that here are two Witnesses since L. C. J. You were told that was not the thing laid to your charge now that does only shew the temper of your spirit and how your inclinations hath been all along Look you this you are now charged with is a design to Seize and kill the King and to that purpose to have entred into a Conspiracy with Goodenough and others for the raising of men and the making of a Rebellion and Insurrection here in the Kingdome whereby you might have seized not only the King but his Fort here the Tower and made your selves Masters of hiâ— Ships and so enâ—red into a perfect War with him in his own Kâ—ngâ—ome to the destruction of himself and the Government You hear what the Witnesses say against you Rouse I do declare in the presence of God Almighty before whom I must stand it never entred into my heart Mr. Jones If that would do we should have none hanged Râ—usâ— I appeal to your Lordship and this honourable â—ourt whether 't is likely for me who am such a silly person to ingage in such a Devillish design especially being concerne with no person in the world about it for I declare if I was upon â—en Thousand Oâ—ths I never had any discourse with any person in the world aâ—out it In the next place I was nâ—ver in any meeting though I have heard of several darkly that they met in London and in several Clubbs but I could never find out the places I desire to ask him whether he knows with whom I did concern my self L. C. J. Look you did you never meet him with any company concerning any of these Treasonable designs that you have spoken of Mr. Leigh I will give your Lordship and the Jury an accompt Mr. Rouse acquainted me he could make Ten Sea-Captains I acquainted Mr. Goodenough with it He tolâ— me he wâ—ulâ— have a Golden Ball and told me the charge We went to the Angel and Crown Tâ—â—rn from thence he came to meet Mr. Goodenough to tell him what he had said to these Captains The next dâ—y he met Mr. Goodenough and Mr. Goodenough Mr. Rouse Mr. Pachin and I went from Joseph's Coffee house in
Exchange Alley and he discoursed about gâ—â—â— of these Captains Rouse Who was present Mr. Leigh We never discoursed the matter joyntly but singly with one man Mr. Rouse and Mr. Goodenough went into a Room apart above staires and discoursed this matter as I believe half an hour Rouse How do you know what discourse I had with Mr. Goodenough when you was not present Mr. Leigh Mr. Goodenough thanked me for bringing him acquainted with you L. C. J. How do you know what discourse they had Mr. Leigh I know only what Mr. Rouse told me Mr. Rouse told me that he would ingage Ten Sea-Captains that a Ball should be played and every man take his dividend L. C. J. Did he tell you he had discoursed this with Mr. Goodenough Rouse Did I tell you so Mr. Leigh Yes Sir L. C. J. You speak of several in company one Pachin and others Mr. Leigh We went from the Kings-Head Tavern for there was Company we did not like though we discoursed there but of Hay-making and getting men to help the Country people L. C. J. What did you mean by that Mr. Leigh That was to get men for this business L. C. J. What did he say the intention was of raising these men Mr. Leigh Mr. Rouse hath frequently and often acquainted me that the King had taken an Oath in France and Spain to bring in Popery and Arbitrary power in so many years and that he had not done it made the Popish Party angry but that he would do it L. C. J. Well what design was there in raising of men and seizing the Tower Mr. Leigh He told me all things must be done together The King and the Duke must be seized for that was the principal work Rouse It never entred into my heart Be pleased to ask him if he was not Arrested by one Keeling and what was the accompt of it Mr. Leigh No. Rouse I mean sword against Mr. Leigh I will give your Lord hip an account of it Mr. Goodenough Mr. Rouse Mr. Pachin and I had been at the Kings-Head Tavern a man came and told me a man had been at my house and that one swore against me and it would be dangerous to go home A while after comes one Armiger and he told me Mr. Bateman was gone one way and he another to seek for me and desired me to have a care of my self With that Mr. Rouse Mr. Goodenough and Mr. Pachin came out to me Mr. Rouse directed me to go to the Sun-Tavern at Moongate and I went Mr. Rouse Mr. Goodenough and Mr. Pachin came to me I told them I would meet my Wife but they would not let me go on by any means but sent one Mr. Thomas a Coffee man for my Wife She came and told me Mr. Goodenough had Sworn against several People or he was Sworn against I went to Mr. Rouses house where Mr. Goodenough came to me Mr. Rouse would have had Mr. Goodenough staid there all night Mr. Goodenough sent for his Wife to know if his Brother had Sworn she acquainted him he had not Sworn Mr. Rouse invited him to lie with me He shewed me behind the Bed a Window to go out into another Mans room to make my escape if any Man should come to search the house I lay there on Saturday Mr. Goodenough and Mr. Nelthrop came to me Mr. Goodenough told me he had laid at Mr. Nelthrops all night but he had seen his Brother and he had not Sworn against me I heard that Mr. Keeling had Sworn against me and did say in discourse if I did light of Keeling I would kill him Rouse I desire to ask him another Question When he was told he was Sworn against what did he say L. C. J. He tells you before hand that he said he would kill Keeling if he could meet him Rouse He says Mr. Goodenough and Mr. Nelthrop came to my house ask him if I was in the House or saw Mr Goodenough Mr. Lee. I am not positive whether he saw them together but that he saw Mr. Goodenough there the Friday night for he invited him to lie with me L. C. J. Pray what was your reason in putting Mate Lee upon the inquiring out Men to make Masters of Ships Rouse To satisfie the Gentleman because he told me there was such a design in hand to get to the bottom of that design that so his Majesty might come to no damage Pray My Lord How could I acquaint the King or any Justice of Peacâ— what he meant by it unless I understood it L. C. J. Have you any thing more to ask Or would you have any Witnesses called Rouse My Lord 't is my unhappiness I have no Witnesses Sir Geo. Jeff. He hath confessed the Treason enough L. C. J. Look you Gentlemen of the Jury You hear that this person at the Bar is indicted for High Treason in conspiring the Kings death and declaring this by over Acts that is endeavouring to raise Men here for to Seize the Tower and to make an Insurrection here and a Rebellion within the Kingdom You hear two positive Witnesses of what they have heard from him He did endeavour says Lee to bring him into it and he told him the whole design he did declare to him the manner how they intended to Seize the King and the Duke of York Mr. Goodenough was one of the persons that confederated with him one of them but several others they had They had covert Terms to disguise this by getting the Country People in their Harvest He told them of a design he had to get the Seamen a Thousand of them together to Seize the Tower and White-Hall both at a time And you hear that Mate Lee had the same discourse in substance with him of endeavouring to Seize the Tower and get Arms for to Seize the Kings Ships to raise a Thousand persons for the effecting of this All these things you have heard proved against him he gives no Answer to any of them but only tells you that in truth he did not say these things to them but they that is the first Lee said these things to him He hath no evidence at all of it You hear likewise which does agree with this case the Testimony by the other person concerning his discourse in 81. How he said the King had forfeited his Crown and had no right to it but the Parliament gave him his Authority and might take it away All these discourses they savour of a very wicked Spirit as can be in the whole World I must leave it to you whether you believe him Guilty The Jury presently gave their Verdict that he was Guilty William Blague having been Arraigned on Thursday July 12 th pleaded Not Guilty and put himself upon his Countrey was brought to the Bar again Friday July 13 th he made no Challenges and the former Jury was Sworn The JURY Robert Beddingfield John Pelling William Winbury Theophilus Man John Short the Elder
purpose did you meet Mr. Goodenough so often to discourse about this matter of the Tower Capt. Blague My Lord I never met with him at all but when I came to Mr. Rouse about this business of the Two hundred Pound L. C. J. Mr. Lee What say you concerning his inquiry for Money Mr. Lee. If it please your Lordship Mr. Goodenough and the Captain met at the Kings-head Tavern they met several times apart out of Company and discourst of the business apart Mr. Goodenough asked me for the Captain many times I told him what the Captain said to me Mr. Goodenough took the Captain out and discourst him about this affair Mr. Goodenough hath told me several times the Captain would be very serviceable The Captain asked what Money there was I told him about 40000 l. and he said that would be quickly gone I inquired of Mr. Goodenough again and Mr. Goodenough told me there was more Money in Holland L. C. J. What Money was he to have Mr. Lee. Two hundred men The Captain says I named him before the King and Council to be at a Meeting at the Green-Dragon Tavern It is true I did acquaint the King and Council that Mr. Rouse had Business at the Green-Dragon Tavern But this was at the time of my absconding I could not tell where to meet him again L. C. J. What Guns did he say he had provided Mr. Lee. If it please your Lordship he said he had Fourteen Guns in the Ship and would make them up Twenty four He would undertake in Twenty shot to dismount them Guns L. C. J. Where was this discourse you had with him about this Two hundred Pound Mr. Lee. If it please your Lordship it was at several times one was with Mr. Goodenough at the Kings-head at the corner of Chancery-Lane L. C. J. Look you Sir by the Oath you have taken did he undertake to raise men and to assist with his Ship in taking the Tower Mr. Lee. If it please your Lordship he told me he would so do it He told me he would have Twenty four Guns Jury Did the Captain tell you so Mr. Lee. Captain Blague that is here Capt. Blague My Lord in reference to the Two hundred men this is the thing that I would answer I could not stow a Hundred Men Women and Children L. C. J. Two hundred men he saies for this Service Capt. Blague Yes my Lord I mean so Who can you have to say so besides your self Mr. Lee. If it please your Lordship this discourse was only with Mr. Rouse Mr. Goodenough Capt. Blague and I. Capt. Blague My Lord Mr. Lee said before the King and Council that he was never along with me but once and of what I said then he could tell only he was there when I went to look Mr. Rouse How can these two expressions go together Mr. Lee My Lord as to that before the King and Council I did say I was not apart with Captain Blague and Mr. Goodenough at the Kings-head Tavern but Captain Blague and Mr. Goodenough were there several times and they were apart by themselves and that I had discourse with Captain Blague and Mr. Goodenough and came with them once to the Kings-head Tavern L. C. J. What did Captain Blague tell you of what discourse he had with Mr. Goodenough Mr. Lee. Captain Blague did tell me that we must have a great care or else we should be all ruined and that his Ship should be ready and alwaies encouraged me And says he when I have done the business I have been a Captain ashore in another Country I have been in Commission in another Country ashore and can tell how to mannage Men ashore as well as aboard Another thing was after all this some time when I understood I was Sworn against I was indeed the Captain says right to have gone with him a Passenger and was with him several times I gave him a report how the Tower might be taken by Ladders and Granadoes and he told me that Nelthrop's Brother came to see him and did inform me that neither Mr. Goodenough nor his Brother was taken and that the Duke of Monmouth was in the Country and quickly would come L. C. J. Who told you this Mr. Lee. Capt. Blague Mr. S. Jefferies This is a pretty matter to smirk at Captain Capt. Blague I will assure you Sir there is not truth in it Mr. S. Jefferies Would you smile the Witnesses out of their Oaths L. C. J. Look you Mate Lee what say you to 〈◊〉 in your judgment and your thoughts was the discourse concerning taking the Tower in a jesting way Mate Lee. No an 't shall please your Lordship I was in earnâ—st in discoursing of it my way was as I told your Lordship before scaling Ladders and hand Graâ—â—â— L. C. J. Had you any talk before of Surprizing the Tower Mate Lee. No My Lord by no body but Mr. Rouse and Lee. L. C. J. What had they spoken to you concerning Surprizing the Tower Mate Lee. Mr. Rouse spoke to me of getting some Seamen that might be fit to make Masters of Ships and I asked him what he would do with those Seamen to make Commanders of Ships he said to put them aboard the Kings men of War and make Guard Ships of them I said what can you do with them to make Guard Ships when there is neither Powder Shot nor Ammunition but said I if you can take the Tower you may do well enough So that our discourse was about taking the Tower L. C. J. Was Capt. Blague with you then Mate Lee. What discourse we had about taking the Tower was between our selves L. C. J. How came you to discourse concerning this Mate Lee. This was our common discourse I suppose the instigation might be by Mr. Rouse I was acquainted with Mr. Rouse by going with Capt. Blague this was my first discourse with Mr. Rouse and Mr. Lee together L. C. J. Who was with you when you discourst it first Mate Lee. There was only Mr. Rouse and Mr. Lee I can be positive that Capt. Blague was not but this Capt. Blague did say when I gave my way of taking the Tower by scaling Ladders and hand Granadoes no says Capt. Blague it is a better way to have Mortar-Pieces over the Water and shoot into the Tower Mr. S. Jefferies Hark you friend did Lee or Rouse tell you that Blague was made privy to it Mate Lee. I understood nothing of it but what we discourst together for I was acquainted with none of the Cabal but Mr. Rouse and Mr. Lee. L. C. J. What did you discourse about Mate Lee. About taking the Tower I won't mince it I am upon my Oath L. C. J. Therefore we would have the truth out of you Mate Lee. I did gather from Mr. Rouse and Mr. Lee that the intention was to take the Tower L. C. J. Give some account how you and Blague came to discourse of such a thing as
Birchin-Lane L. C. J. Well Chappel We have had the Ship a Month in our hands next Munday L. C. J. Is she fitted Chappel No she is not fitted L. C. J. Was she in a condition to have done any Serivce upon the Water Capt. Blague Carpenter do you hear what my Lord saies Chappel The Ship is a small Vessel about a Hundred and fifty Tun between that and an Hundred Capt. Blague My Lord ask you if she be in a Condition to do service L. C. J. Was she capable to do any service upon the Water Chappel No service at all upon the Water she could do three Weeks ago Mr. S. Jeff. A Ship of One hundred and fifty or Two hundred Tun would hold a great many People she was to lie still that was the mischief Chappel We haled her down to the Carpenter's Yard she is now in a condition to work L. C. J. Have you any more men Capt. Blague Dr. upon what account were you shipped Bellinger For New York England and Holland Capt. Blage. When were you Shipped Bellinger Seven Weeks ago L. C. J. When were you to begin your Voyage Bellinger I belonged to the Captain before he had a Ship L. C. J. But when did you reckon to begin your Voyage Bellinger That I cannot tell Capt. Blage. My Bill upon the Exchange doth specifie it Sir Jury Pray my Lord will you ask if he have any Guns aboard and how many L. C. J. What say you What Guns are there about the Ship Bellinger 14 Sr. and 4 Wooden ones L. C. J. What are they Bellinger 6 above Deck 4 in the Hold. Capt. Blage. They are Saker Guns L. C. J. Saker Capt. Blage. Yes Sr. Richard Clarke What Voyage had we Clarke New York L. C. J. Surely it doth appear that these men were Shipped a great while ago Capt. Blage. Some of them have had a dependance upon me a great while one hath depended upon me I believe Seven Months L. C. J. Have you any thing more to say Capt. Blage. No my Lord. L. C. J. Look you Gentlemen you that are of this Jury this Gentleman is indicted for conspiring the Death of the King and doing some Acts in order to it that is endeavouring to surprize the Tower and raising of men and preparing of Shipping and Guns and this on purpose to surprize the Tower That there was an evil Design a very wicked notorious Design of Siezing the Kings person and killing the King that is most certain you have heard it by a great many witnesses and it is a thing I think not to be doubted of by any The question is Whether this man be guilty of it and hath undertaken any thing in relation to it Look you you ought to have in such cases of high Treason as you have been told you ought to have two Witnesses against a person Here is two Witnesses produced one of them does speak very shrewdly to the case and tells you he had it from this person himself that he had spoken with Goodenough about this matter about surprizing the Tower and that he told him it was an easie thing to surprize the Tower and that he could do it that he had a Ship ready and he would undertake that 200 men should be ready with Morter-Pieces from Southwark-side to throw them and beat down the Tower so that it might have presently been down First Mr. Lee doth say that the Captain there at the Bar that he was oftentimes with Mr. Goodenough and Mr. Rouse and others who it is plain were in that Design both Rouse and Goodenough was and that he heard Goodenough say that the Captain had undertaken it and he says that the Captain had Discourse with Goodenough about it He says the Captain asked him in order to this what money could be raised and he told him there was 40000.1 and the Captain told him that was but a small matter the Seamen would eat up that and Goodenough told him there was a greater Bank in Holland that would be brought over So that this Evidence goes a great way But then Gentlemen you must consider whether you have another Evidence or not There is a person that you call Mate the Mate doth give a dark kind of an Evidence he does say here that he and the Captain had discourse about the way of taking the Tower and he believes it was in order to take the Tower but he does say when he heard it no Body was present but himself and he was of one opinion how the Tower might be taken that is by scaling Ladders and hand Granadoes and that the Captain was of another opinion whether it might not be better taken by Morter-Pieces thrown from Southwark-side but whether the Captain had any notice of this design of taking it he cannot tell or whether he had any acquaintance concerning it So that his Evidence does seem to be somewhat dark Whether this were sportive or a trial of their skill or whether it was a design to have Counsel and Advice one of another which way to take it I must leave it to you whether it was done with an intent and design for to find out the best way in order to the taking of it But if it were only a Discourse at large between them an endeavour to try their Judgments one with another and speaking their minds one with another in that case then this evidence doth not come home to make him guilty of the Plot of taking the Tower or taking away the Kings life He tells you he did speak of a Ball to be thrown up but whether he ever heard of the other design that Lee speaks of the first Lee Thomas Lee of throwing up a Ball by Seamen in order to the taking of the Tower he knows not Lee says the first Witness he does not know any thing whether this man at the Barr was ever acquainted with the Ball or not If upon what you have heard you believe that there are two Witnesses to prove this Gentleman at the Barr Guilty of this Design of Surprizing the Tower and Killing the King and taking the Tower in order to it in this manner then you ought to find him Guilty but if you have not two Witnesses that do testifie the thing then Gentlemen under two Witnesses a man cannot be Guilty After which the Jury withdrawing to consider of their Verdict in a short time returned and brought him Not Guilty Saturday 14 th July My Lord Russel was brought to the Barr. Cl. of Cr. VV Illiam Russel Esq hold up thy Hand which he did Thou hast been indicted for High Treason against our Soveraign Lord the King and thereupon hast pleaded Not Guilty and for they Tryal hast put thy self upon the Country which Country has found thee Guilty What canst thou say for thy self why Judgment of Death should not pass upon thee according to the Law L. Russel Mr. Recorder I should be very glad to hear the Indictment read Mr.
Att. Gen. You may read it Cl. of Cr. Will you have it read in Latin or in English L. Russell In English The Clerk read to the words of Conspiring the Death of the King L. Russell Hold I thought I had not been charged in the Indictment as it is of Compassing and Conspiring the death of the King Mr. Att. Gen. Yes my Lord. L. Russel But Mr. Recorder If all that the Witnesses swore against me be true I appeal to you and the Court I appeal to you whether I am guilty within the Statute of 25 E. 3. they having sworn a Conspiracy to levy War but no Intention of killing the King And therefore I think truely Judgment ought not to pass upon me for Conspiring the death of the King of which there was no proof by any one Witness Mr. Att. Gen. That is no Exception Mr. Recorder My Lord that was an Exception proper and as I think you did make it before the Verdict whether the Evidence does amount to prove the Charge that is proper to be observed to the Jury for if the Evidence come short of the Indictment they can't find it to be a true Charge But when the Jury has found it their Verdict does pass for truth We are bound by the Verdict as well as your Lordship we are to go by what the Jury have found not their Evidence L. Russel Without any proof Mr. Recorder The Jury must be governed by their Evidence L. Russel I think it very hard I must be Condemned upon a Point that there was not one thing of it sworn therefore I think I may very Legally demand arrest of Judgment Mr. Recorder I hope your Lordship will consider 't is not the Court can give a Verdict it must be the Jury I believe there is no body in the Court does delight in giving such Judgments especially against your Lordship The Verdict is found and the Kings Attorney General on behalf of the King does demand it Mr. Att. Gen. I do demand Judgment of the Court against the Prisoner Proclamation made for silence whilst Judgment was giving Mr. Recorder My Lord Russel your Lordship hath been indicted and tryed and found Guilty of High-Treason the greatest of Crimes your Quality is great and your Crime is great And I hope and expect that your behaviour and preparation in this Condition will be proportionable My Lord it is the Duty of the Witnesses to give Evidence according to truth it is the Duty of the Jury to proceed according to Evidence and 't is the duty of the Court to give Judgment according to the Verdict It is the Kings pleasure signified by his Attorney General to demand Judgment against your Lordship according to this Verdict and therefore my Lord I shall not delay it with any further circumlocution The Judgment the Law hath provided and is the Duty of the Court to give is That you be carried back again to the place from whence you came and from thence be drawn upon an hurdle to the place of Execution where you shall be hanged up by the Neck but cut down alive your Entrails and Privy-Members cut from your Body and burnt in your sight your Head to be severed from your Body and your Body Divided into four Parts and disposed at the Kings pleasure And the Lord have Mercy upon your Soul Mr. Att. Gen. Set up the other now Cl. of Cr. Set Captain Walcot to the Barr Rouse and Hone. Which was done and they bid severally to hold up their Hands which they did and Captain Walcot being asked what he could say why Judgment of Death should not pass upon him said Cap. Walcot I have nothing to say only I have one favour to begg of the Court whether it be proper to begg it now or no I can't tell Mr. Recorder What is it Capt. Walcott I would beg the favour that the Youth my Son might come and see me and some of my Friends Mr. Recorder Capt. Richardson does not deny it to any man after he is condemned that is a piece of Humanity you need not ask I never knew it denyed Then Hone was asked what he could say against Judgment Hone. I beg the same favour Mr. Recorder Ay Ay God forbid You had best ask for some Divine to come to you Then Rouse was asked the same Question Rouse I would speak of the disadvantages I had when I came upon my Tryal When I was put upon my Tryal you know very well I begged the favour of some things one was a Copy of the Indictment when I saw a person come before me who in his own Conscience knew was the Author of all these things I have nothing to say against the Judgment or Verdict I always had a great Veneration for the Constitutions of the Kingdom I pray God forgive them that came against me I wish I had no more weight upon my Legs then I have in my own Conscience I prayed a Copy of my Indictment These things unexpectedly came upon my Tryal that I had not opportunity to speak what I should Mr. Recorder We are content to hear you But observe you are to answer the Question that is asked Why Judgment should not pass upon you You say you won't speak against the Jury we must not hear you nor against the Verdict Rouse I have one word more and that is the Vast difference between the Indictment and their Oaths the Indictment was that such and such words and discourses passed the Second of March the Oaths sworn were that the words were not spoken then but the last of June which was three months difference but however the Jury have pleased to find it I must throw my self at his Majesties feet I have nothing more to say Then silence was proclaim'd and Judgement given against Walcott Hone and Rouse in like manner as upon the L. Russel FINIS
Keeling Who was sworn Mr. Att. Gen. Pray will you acquaint my Lord and the Jury what you know of these Conspiracies and touching this man Mr. Keeling Some time my Lord before the King went to Newmarket I was at the Sun-Tavern and in company with Richard Rumbold Richard Goodenough and some others Goodenough calls me forth of the Room and asked me what Men I could procure I asked him For what purpose He said To go down towards Newmarket I asked For what end He said To kill the King and the Duke of York I told him I thought none Before the King came from Newmarket he renewed his Question to me again several times I had in the interim some discourse with Burton and Thomson Burton told me That Barbor would be concern'd and he also told me Thomson would The Saturday after the Fire hapned at Newmarket Rumbold came down to my House or the Friday the day that the News was of the Fire the day that he commonly came to Town he came to my House it was on the Friday to see those men I could procure and he desired to see them on the morrow which was the Saturday before the King returned the Saturday after the Fire I went into London and met Mr. Rumbold that day at the Exchange and he then put me in mind of the matter again I did go to Burton and Thomson and Barbor the place appointed on Saturday was the Mitre-Tavern at the corner of Dukes-place within Aldgate He did meet there where there was some discourse hapned tending to that matter by Rumbold the substance of which was Whether they were willing to go down I think he call'd the Place by the name of The Rye that is his House there being says he no greater conveniency than in that I believe scarce in England for the executing such a Design being an House very intire to it self and very remote from Neighbors besides the advantage that belongs to it of a Court or Wall And among other discourse this was an Argument to prevail with those persons For saith he it will be a keeping one of the Commandments to kill the King and the Duke of York for says he if that be not done there will be otherwise a great deal of Bloodshed committed He also told us the way that he design'd to effect this at his House That he had a conveniency for our Horses and that there would be so many appointed to shoot at the Postillon and the Horses and that there would be so many appointed at the Coach and so many Men to attaque the Guards And if there was a Failure in shooting the Coach-Horses that then there should be Men in the habit of Country-men with a Cart in the Lane and they should run this Cart athwart the Lane and so stop the Coach I believe there might be some other Particulars which at present I do not remember From thence we went to the Exchange and there we met in the Afternoon at the Dolphin-Tavern in Bartholomew-lane there was Rumbold West Goodenough and Hone the Joyner And after we had been there a little West asked Rumbold Whether he heard the King would come home that Night Ho said Yes he heard so but said West I believe he won't come till Monday and I hope he won't come till Saturday for that was the day appointed to go down to Rye to meet the King and the Duke of York Said Rumbold I hope they will not come till then But said West if they do come How many Swan-quills must you have How many Goose-quills And how many Crows-quills with Sand and Ink must you have Said they Six Swan-quills Twenty Goose-quills and Twenty or thirty Crow-quills L. C. J. Explain that Mr. Keeling I am coming to it I asked West or Rumbold or both of them what they intended by it they told me Swan-quils were Blunderbusses Goose-quills Musquets and Crows-quils were Pistols Sand and Ink Powder and Bullet This is all my Lord as I remember in general as to the Design L. C. J. What can you say concerning the Prisoner at the Barr Mr. Keeling I was at the Salutation Tavern and Captain Walcot was there and when I came in there was some person called me Culing and I a little stranged at it not knowing the meaning says I Gentlemen what do you design by it says one here 's a good health to our English Culing says West Culing in Dutch is Keeling in English and says Mr. West I hope to see Mr. Keeling at the head of as good an Army in Wapping as Culing is at Collen I suppose Captain Walcot remembers it very well I can say no more Sir to the Prisoner at the Barr I remember not to have seen him any other time upon this Design Mr. Serj. Jefferies Would the Prisoner at the Bar ask him any questions Cap. Walcot My Lord I don't remember any such thing If you please my Lord to ask him whether I call'd him Culing or said any thing more or less to him Mr. Keeling I don't say you did but you were by that I say Mr. Serj. Jeffreys I think Mr. Keeling you were the person that made the discovery give an account of it for the satisfaction of the world L. C. J. Upon what occasion did you reveal this Mr. Keeling If your Lordship please I will give you an account There was something happened before that time Some time before this thing was discovered Goodenough came down to my house and I went with him to drink a dish of Coffee and there was in company with him Richard Rumbold and his Brother William that I believe Mr. Walcot knows and when we were by our selves he pulls out some papers out of his pocket and gave me one I asked him what he meant he told me he had divided the City and Suburbs into twenty parts and there was three divisions and says he you know the persons better than I and who you can trust with it one is for your self and I would have you take to your assistance nine or ten men more or less that you can communicate it safely to and they were to go to several persons and ask them supposing that the Papists should rise or that there should be a general Insurrection or a French Invasion Are you in a posture of defence This was all we were to communicate of the matter to them and this was to feel them and see how many men they could raise And he told me there was a design to kill the King and the Duke which was design'd to be done at the Bull-feast for Mr. West had told me it was to be done between Windsor and Hampton-Court I asked him if that Design went on and he said no for the Duke of York seldom came with the King from Windsor to Hampton-Court but it was to be at the Bull-Feast And says he these men are to be in a readiness and it s designed that the thing should be laid upon the